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Workers' Compensation One Liners
Jane Lombard
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 Download printable format
June 2006
Average Weekly Wage:
Burkhart Refractory Installation v. WCAB (Christ), 896 A.2d 9 (Pa. Commw. Ct. 2006) |
Average weekly wage of claimant, a 16 week employee, who actually worked only 12 weeks pre-injury, was calculated by averaging wages earned for the 12 weeks worked; Commw. Ct., purporting to rely on Reifsnyder and Hannaberry, endorses an “alternative wage calculation method” outside Section 309 in order to more accurately reflect “claimant’s economic reality.” |
Occupational Disease:
Young v. WCAB (Zinc Corp. Of America), 897 A.2d 530 (Pa. Commw. Ct. 2006) |
Despite credited medical evidence that asbestos exposure in the last 10 years of employment with employer did not cause decedent’s mesothelioma, because latency period was 20 to 40 years, Commw. Ct. reverses WCAB and holds employer liable for payment of benefits because by statute liability is assigned on employer where claimant was last exposed to the hazard regardless of a traditional medical causation analysis. |
Penalty:
Gibson v. WCAB ( Armco Stainless), 897 A.2d 535 (Pa. Commw. Ct. 2006) |
Comm. Ct. affirms WCAB holding it improper to assess a penalty against employer where it fails to make payment of an award within 30 days where it was properly pursuing supersedeas from the Supreme Court; for penalty to be justified Court requires some wrongful conduct on the part of the employer. |
Utilization Review:
Brookside Family Practice v. WCAB (Heacock), 897 A.2d 539 (Pa. Commw. Ct. 2006) |
Where employer’s medical evidence fails to specifically address the medical procedure/treatment which is actually subject of the Utilization Review, employer fails to sustain its burden of proof; thus, employer is liable for payment of spinal cord stimulator where its medical expert testified (and was credited) that the treatment was not reasonable or necessary because a prior trial spinal cord stimulator had failed. |
Jane Lombard | Chuck Katz | Steve Harlen | Paul Pauciulo
Sharon McGrail-Szabo | Sheilah Tone | Debra Matherne | Thomas Ollason
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