Workers' Compensation One Liners
Jane Lombard
 
 
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 September 2003
Estoppel:
Westinghouse Electric/CBS vs. WCAB,
829 A.2d 387 (Pa. Commw. Ct. 2003)
 The Commw. Ct. affirms WCAB determination that employer’s payment of psychiatric bills for 8 years after a commutation agreement, despite failure to specifically accept psychiatric injury, estoppel employer from denying liability as its actions pursuant to the agreement evidenced its intent to recognize a psychiatric claim.
Forfeiture:
Alltell, Inc. vs. WCAB,
829 A.2d 739 (Pa. Commw. Ct.)

The Court affirms dismissal of employer’s petition for forfeiture where evidence failed to establish proposed cervical disc surgery had both minimal risk and a high probability of success with respect to the disabling symptoms, as a 50 percent chance of a cure is, by law, not a high probability of success.
Psychic Injury:
Zinck v. WCAB,
828 A.2d 456 (Pa. Commw. Ct. 2003)
 Commw. Ct., distinguishing this case from Met Ed and relying heavily on the Act’s humanitarian purpose to accomplish its desired result, reverses WCAB finding claimant, a Vietnam vet, was subject to abnormal work conditions when employer who was aware of his pre-existing psychiatric condition sought to rotate his shift thereby aggravating his PTSD.
Reasoned Decision:
Daniels v. WCAB,
828 A.2d 1043 (Pa. 2003)
 In a case of first impression, PA Supreme Ct. holds reasoned decision requirement in Section 422 (a) mandates WC Judge explain credibility decisions to provide a meaningful basis for appellate review; standard is more stringent where WCJ is not viewing the witness live thereby requiring actual objective basis be given for the credibility determination.
Vocational Interview:
Wheeler v. WCAB, 829 A.2d 730
(Pa. Commw. Ct. 2003)
 Commw. Ct. affirms WCAB’s holding that claimant waives objection to vocational expert’s qualifications where vocational interview is voluntarily attended; the Court limits Caso to a petition to compel vocational interview indicating department approval of a vocational expert is not a pre-requisite to the competency of an earning power assessment.
Chuck Katz | Jane Lombard | Steve Harlen
Paul Pauciulo | Sheilah Tone | Debra Matherne