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Workers' Compensation One Liners
Jane Lombard
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March 2005
Credit:
Croom v. WCAB, 865 A.2d 1005
(Pa. Commw. Ct. 2005) |
Commw. Ct. affirms WCAB which ruled employer who fully funded the benefit was entitled to a pension offset from the date pension started, despite failing to properly notify the claimant, because statutory language of Section 204 (a) is mandatory. |
Exclusivity:
Kincel v. Commw. of PA/DOT,
867 A.2d 758 (Pa. Commw. Ct. 2005) |
In a case of first impression, the Commw. Ct. held the claimant, an injured state trooper, could not sue Penndot in tort as the Commw. of PA constitutes a single employer entity for purpose of the exclusivity provisions of the Act. |
Penalty:
Johnstown Housing Authority v.
WCAB, 865 A.2d 999 Pa. Commw. Ct. 2005) |
Affirming the Board, the Commw. Ct. holds 50 percent penalty and unreasonable contest attorney’s fees are warranted where employer failed to properly issue NCD, treated claim as “medical only,” and denied all allegations on a subsequently filed claim petition. |
Termination:
Gillyard v. WCAB, 865 A.2d 991,
(Pa. Commw. Ct. 2005) |
Commw. Ct. reverses WCAB finding employer failed to meet its burden of proof on a termination petition and failed to demonstrate a reasonable contest where employer’s medical expert did not acknowledge the actual scope of the compensable injury as determined in a prior proceeding. |
Jane Lombard | Chuck Katz | Steve Harlen | Paul Pauciulo
Sharon McGrail-Szabo | Sheilah Tone | Debra Matherne
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