Workers' Compensation One Liners
Jane Lombard
 
 
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 May 2003
CLAM PETITION:
Klarich v. WCAB,
819 A.2d 626
Within the context of a claim petition, Commonwealth Court affirms denial of wage loss benefits to a claimant working his pre-injury job when laid off, albeit with medical restrictions; Court endorses same analysis employed in Folk v. WCAB finding medical restrictions are material only if claimant’s job duties are modified.
COURSE OF
EMPLOYMENT:
Acme Markets v. WCAB,
819 A.2d 143

Commonwealth Court reverses WCAB finding claimant is not in the course of his employment where he sustains an injury at home despite claimant offering medical testimony, which was believed by WCJ, linking home injury to activity at work as medical testimony alone is not sufficient to put the claimant in the course of employment where claimant is not actually engaged in furtherance of employer’s interests.
COVERAGE/ESTOPPEL:
Overhead Door v. WCAB,
819 A.2D 635
 Commonwealth Court affirms imposition of liability where insurer had no contract to provide coverage for the employer where insurer held itself out as appropriate carrier for 18 months and insurer’s counsel admitted coverage, Court holds under such circumstances insurer is estopped from denying coverage.
REINSTATEMENT:
Douglas v. WCAB,
819 A.2d 136
 Commonwealth Court reverses WCAB and affirms Judge’s decision to grant reinstatement where claimant is laid off from a light duty job with the pre-injury employer, despite a prior suspension of benefits for failure to follow up on available job in bad faith where employer essentially cured bad faith by bringing claimant back to work.
SUPERSEDEAS FUND:
Pep Boys, Inc. v. WCAB,
818 A.2d 601
 Commonwealth Court affirms WCAB finding Supersedeas Fund reimbursement is not available to insurer where it voluntarily compromised its subrogation lien, reasoning that the Supersedeas Fund may not be used to finance an insurer’s decision to compromise its entitlement to recover full amount from third party tortfeasor.
Jane Lombard | Chuck Katz | Steve Harlen
Paul Pauciulo | Sheilah Tone | Debra Matherne