Workers' Compensation One Liners
Jane Lombard
 
 
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 October 2005
Claim Petition:
Northwest Medical Center v. WCAB,
880 A.2d 753 (Pa. Commw. Ct. 2005)
 Stressing that not all claims require medical evidence to prove causation, the Commw. Ct. affirms the granting of a claim petition where the claimant, a nurse, sustained a back injury while moving a patient; causation is considered obvious where a claimant performs an act requiring force and pain is experienced immediately.
Clayton v. WCAB,
881 A.2d 51 (Pa. Commw. Ct. 2005)

Commw. Ct. affirms dismissal of a claim petition for lack of prosecution and further holds dismissal is presumed to be with prejudice unless indicated otherwise.
Employment Law:
Rothrock v. Rothrock Motor Sales, Inc.,
244 MAP 2003 decided 9/28/05
 Pa. Supreme Court extended its ruling in Shick v. Shirey to permit a cause of action for wrongful discharge of a supervisory employee who fails to dissuade a subordinate from pursuing a workers’ compensation claim; public policy concerns override general reluctance to create exceptions to the “at will” employment doctrine.
Penalties:
Luvine v. WCAB,
881 A.2d 72 (Pa. Commw. Ct. 2005)
 Pa. Security Fund is not subject to penalties as it is not expressly included as an insurer as defined by the Pennsylvania Workers’ Compensation Act.
Statute of Limitations:
Westinghouse Electric v. WCAB,
73 WAP 2003 decided 9/29/05.
 Pa. Supreme Court reverses Commw. Ct. holding statute of limitations under Section 413 (a) barred claim for psychiatric bills not brought within 3 years of last payment of indemnity; claimant failed to prove elements of equitable estoppel to overcome time bar despite employer’s payment of psychiatric bills from 1989 to 1998.
Jane Lombard | Chuck Katz | Steve Harlen | Paul Pauciulo
Sharon McGrail-Szabo | Sheilah Tone | Debra Matherne | Thomas Ollason