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Workers' Compensation One Liners
Jane Lombard
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Fee Review:
Allen v. Proto Home Improvements, 847 A.2d 225 (Pa. Commw. Ct. 2004) |
Commw. Ct. chastised health care provider for attempting to take a judgment against the employer for unpaid medical bills subject to a fee review, holding that the fee review determination was an administrative finding, not an order on which employer was required to pay; further, Court notes that fee review process cannot be used to impose liability. |
IRE:
Hilyer v. WCAB,
847 A.2d 232 (Pa. Comm. Ct. 2004) |
Commw. Ct. affirms WCAB which found employer was entitled to second IRE within 12 months without proving a changing condition so long as original request was timely; the Court reads Section 306 (a.2) as a whole and interprets the IRE as a form of IME. |
Occupational Disease:
County of Allegheny v. WCAB,
848 A.2d 165 (Pa. Commw. Ct. 2004) |
Commw. Ct. affirms grant of occupational disease benefits under Section 301 (d) finding claimant satisfied his burden of proving exposure to an asbestos hazard in two of ten years he was employed as a steam fitter, rejecting a strict mechanical application sought by employer to require a showing of exposure each day during the two year period, instead where hazard was never wholly eliminated burden was met. |
Vocational:
Taylor v. Woods Rehab Service,
846 A.2d 742 (Pa. Superior 2004) |
Superior Ct. reverses trial court which had granted summary judgment holding injured workers’ claims for vocational malpractice, breach of contract, and intentional infliction of emotional distress are not barred by exclusivity provisions of the WC Act as the injuries alleged did not arise in the course and scope of employment nor are they injuries for which the Act provides redress. |
Jane Lombard | Chuck Katz | Steve Harlen | Paul Pauciulo
Sheilah Tone | Debra Matherne | Sharon McGrail Szabo
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