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Workers' Compensation One Liners
Jane Lombard
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Attorney’s Fees:
Bell’s Repair Service v. WCAB
850 A.2d 49 (Pa. Commw. Ct. 2004) |
Comm. Ct. affirms assessment of unreasonable contest attorney’s fees holding that the mere fact that a work injury was unwitnessed and claimant’s allegations uncorroborated was not sufficient to challenge credibility where the employer produced no contradictory evidence. |
Challenge Petition/Suspension:
U.S. Airways v. WCAB (Rumbaugh)
18 WAP 2003 decided July 20, 2004 |
Pa. Supreme Ct. decides that since the only relevant inquiries on a challenge to Notice of Suspension (Section 413 (c)) are whether claimant returned to work without loss of earnings on the date alleged and whether claimant is currently working, employer must file separate Petition for Suspension with a request for supersedeas under Section 413 (a) if it wishes the Judge to continue the suspension when claimant has stopped working; if claimant would not be prejudiced the Judge can consider that request at the time the Challenge Petition is heard. |
Modification Petition:
General Electric v. WCAB (Myers)
849 A.2d 1166 (Pa. 2004) |
Pa. Supreme Court, clearly eschewing a “short term fix,” rules where modification is sought based on a referral to a job which is temporary from the outset, the period for modification is similarly temporary, despite claimant’s lack of good faith in pursuing the funded job. |
Burrell v. WCAB (Phila. Gas Works)
849 A.2d 1282 (Pa. Commw. Ct. 2004) |
Commw. Ct. holds where modification is based on surveillance evidence and expert vocational testimony of imputed earnings, rather than a change in medical condition, LIBC-757 is not required; further, employer is not required to prove non-existence of a job with the pre-injury employer although claimant is free to defend allegations with proof of an available job with the employer. |
Penalty:
Palmer v.WCAB (City of Philadelphia)
850 A.2d 72 (Pa. Commw. Ct. 2004) |
Commw. Ct. reverses WCAB and reinstates penalty against the employer where it unilaterally terminated compensation when claimant was receiving pension benefits despite there being no economic harm to the claimant and no explicit underlying award of compensation; penalty was appropriate because WC Judge effectively reinstated compensation and found that the award was offset by claimant’s pension. |
Jane Lombard | Chuck Katz | Steve Harlen | Paul Pauciulo
Sheilah Tone | Debra Matherne | Sharon McGrail Szabo
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