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Workers' Compensation One Liners
Jane Lombard
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 Download printable format
June 2005
Appeal:
Matticks v. WCAB,
872 A.2d 196 |
Commw. Ct. affirmed WCAB decision to reinstate employer’s appeal which was mistakenly withdrawn after compromise and release partially resolved the case as there was no prejudice to the claimant; however, it reversed Order modifying the Judge’s decision as employer failed to adequately preserve issues for appeal by merely listing numbers of Findings of Fact. |
Modification/Litigation Cost:
Minicozzi v. WCAB,
873 A.2d 25 |
Where credited medical expert testifies based on experience from his own practice that claimant can perform modified duty job even while taking pain medication, substantial competent evidence supports a modification of benefits; however, as claimant successfully delayed effective date of the modification by six months, thereby achieving a quantifiable financial benefit, litigation costs are to be paid by the defendant. |
Suspension:
(termination from employment) Brandywine Mazda v. WCAB,
872 A.2d 253 |
Commw. Ct. holds employer must prove available work to suspend benefits where it terminated claimant for cause, but grounds for discharge pre-dated the work injury. |
(retirement)
County of Allegheny v. WCAB
872 A. 263 |
Commw. Ct. reversed WCAB and WCJ ruling burden is on the claimant to prove the work injury has forced removal from labor market, not just pre-injury job; absent evidence claimant continues to seek employment suspension is appropriate. |
Termination:
Wieczorkowski v. WCAB,
871 A.2d 884 |
Employer is not estopped from seeking termination despite prior agreement that claimant was “permanently” partially disabled; as an agreement can only reflect the situation that exists at the time it is executed, res judicata operates to preclude challenges to disability only where condition is “clearly irreversible.” |
Jane Lombard | Chuck Katz | Steve Harlen | Paul Pauciulo
Sharon McGrail-Szabo | Sheilah Tone | Debra Matherne
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