Workers' Compensation One Liners
Jane Lombard
 
 
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 August 2003
Average Weekly Wage:
Reifsynder, et al v. WCAB,
826 A.2d 16 (Pa. Commw. Ct. 2003)
 Commw. Ct. reverses and remands for calculation of average weekly wage under Section 309 (d.2) where claimants maintained an employment relationship with the employer for 52 weeks preceding work injuries, but did not actually work completed 13 week periods as Section 309 (d.2) would more accurately reflect the reality of their pre-injury earning experience.
Course of Employment:
Sekulski v. WCAB,
828 A.2d 14 (Pa. Commw. Ct. 2003)

The Court affirms dismissal of claim petition holding claimant is not considered in the course and scope of employment when he was attacked while walking home simply because his “on call” status required him to carry a pager and remain in the area to respond to potential calls.
Death Benefits:
Village Auto Body v. WCAB,
827 A.2d 570 (Pa. Commw. Ct. 2003)
 The Court rejects claim of widow and her children for payment of medical expenses for psychiatric care incurred after finding decedent involved in compensable motor vehicle accident as Section 307 of Pennsylvania Workers’ Compensation Act explicitly limits death benefits to wage loss and funeral reimbursement.
IRE:
Dowhower v. WCAB,
826 A.2d 28 (Pa. Commw. Ct. 2003)
 Commw. Ct. holds impairment rating evaluation request is timely if it is made before expiration of 104 weeks of temporary total disability benefits, the Court stressed under Gardner decision the request cannot be made after 61st day following expiration of 104 weeks but no preclusion to an early request.
Supersedeas Fund Reimbursement:
Wausau Ins. Co. v. WCAB,
826 A.2d 21 (Pa. Commw. Ct. 2003)
and
Commw. of PA/Dept. L&I v. WCAB,
827 A.2d 529 (PA. Commw. Ct. 2003)
 Commw. Ct. endorses Bureau position restricting availability of supersedeas fund reimbursement thereby limiting available reimbursement to money paid pursuant to disputed claim petition to those payments made after the request for supersedeas was filed, and also precludes supersedeas fund reimbursement where employer prevailed on a petition for forfeiture of benefits for refusal to undergo reasonable medical services under Section 306 (f.1) ( 8).
Jane Lombard | Chuck Katz | Steve Harlen
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