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Workers' Compensation One Liners
Jane Lombard
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 Download printable format
July 2003
Act 57 Forms:
Hurst v. WCAB, 823 A.2d 1052
(Pa. Commw. Ct. 2003) |
Where employer uses its own postage meter, not a United States Postal Service mark, and Bureau receives notice stopping temporary compensation and notice of denial beyond 90 day period, filing is not timely and TNCP converts to NCP. |
Compromise and Release:
Gingerich v. WCAB 2044 C.D.
2002 decided 6/6/2003 |
Commonwealth Court reverses WC Judge and WCAB holding employer remains liable for 20 percent counsel fees to claimant’s prior attorney where compromise and release agreement resolved claimant’s right to compensation in exchange for waiver of subrogation lien and parties failed to adequately account for the underlying award for 20 percent. |
Meretricious Relationship:
Anthony v. WCAB, 823 A.2d 1046 (Pa. Commw. Ct. 2003) |
Commonwealth Court reverses WC Judge and WCAB holding employer failed to present sufficient evidence of a meretricious relationship to support termination of death benefits where employer failed to prove a carnal relationship with direct evidence; the Court recognizes the standard of proof is difficult but balances equities in favor of widow. |
Modification:
Allied Products v. WCAB, 823 A.2d 284 (Pa. Commw. Ct. 2003) |
Commonwealth Court affirms denial of modification petition where WC Judge found inadequate evidence that claimant was physically capable of performing jobs at issue in labor market survey, Court holds that a doctor need not pre-approve jobs at issue, but vocational expert must have sufficient information concerning physical requirements of the jobs to convince the fact finder. |
Jane Lombard | Chuck Katz | Steve Harlen
Paul Pauciulo | Sheilah Tone | Debra Matherne
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