Workers' Compensation One Liners
Jane Lombard
 
 
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 February 2004
AWW:
Bixler v. WCAB,
837 A.2d 1278 (Pa. Commw. Ct. 2003)
 Commonwealth Court rules that exclusion of self-employment earnings does not violate Equal Protection clause as the state has a rational objective in balancing the interest of employees and employers; where given the difficulty in verifying self-employment income together with the fact that a claimant cannot be both an employer and an employee that legitimate objective is advanced.
Fatal Claim:
Rossa v. WCAB,
839 A.2d 256 (Pa. 2003)

Supreme Court rules WC Judge has the limited authority to determine paternity of a minor child within the context of determining eligibility for workers’ compensation benefits; proof by a preponderance of the evidence satisfies due process requirements.

Heart and Lung Benefits:
City of Erie v. WCAB,
838 A.2d 598 (Pa. 2003)
 Supreme Court reverses Commonwealth Court holding police officer can receive Heart and Lung benefits as well as workers’ compensation benefits for concurrent employment, however, claimant cannot retain the benefits; Court recognizes result may be harsh and unintended, but defers to the Legislature to address what it terms bad public policy.
Jurisdiction:
Macomber v. WCAB,
837 A.2d 1283 (Pa. Commw. 2003)
 In a case of first impression, Commonwealth Court rules that in order for employment to be principally localized in a given state, employer is not required to own or lease property in order to satisfy the requirement in Section 305.2 that it has “a place of business” such that the Court could find claimant’s employment principally localized in New Jersey where employer maintained an office with employees from which claimant worked thereby defeating Pennsylvania jurisdiction.
Review:
Westinghouse Electric/CBS v. WCAB,
838 A.2d 831 (Pa. Commw. 2003)
The Court holds that review petition is appropriate vehicle, rather than claim petition, to add injuries or establish increased disability where allegation is that new conditions stem from the recognized injury as opposed to establish wholly distinct conditions.
Jane Lombard | Chuck Katz | Steve Harlen | Paul Pauciulo
Sheilah Tone | Debra Matherne | Sharon McGrail Szabo