Workers' Compensation One Liners
Jane Lombard
 
 
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 April 2002
EVIDENCE:
Kimberly Clark Corp. vs.
WCAB, 790 A.2d 1072
Commonwealth Court affirms WCAB’s reversal of the Judge who had granted defendant’s termination petition, finding surveillance video tape relied upon by defendant doctor was not properly admitted (despite the WC Judge’s indication that it was part of the record); Court cautions evidence must be properly submitted “on the record.”
Montgomery Tank Lines vs.
WCAB, 792 A.2d 6 (Pa. Commw. Ct. 2002)

Commonwealth Court permits usage of medical reports in lieu of testimony where claim was for medical benefits only, interpreting Section 422 (c) which precludes use of reports where more than 52 weeks of disability is at issue, finding disability synonymous with loss of earning power in that section.
SPECIFIC LOSS:
Sharon Steel v. WCAB,
790 A.2d 1084 (Pa. Commw. Ct. 2002)
 Once claimant establishes disabling injuries separate and apart from specific loss injury, Commonwealth Court holds the claimant may receive specific loss and partial disability benefits concurrently.
City of Philadelphia vs.
WCAB, 789 A.2d 410 (Pa. Commw. Ct. 2001)
 Commonwealth Court affirms WC Judge’s award of disfigurement for the eye where specific loss of the same eye was already awarded as disfigurement is not encompassed in the specific loss claim, thereby finding two types of specific loss benefits for essentially the same injury are not mutually exclusive.
SUPERSEDEAS FUND:
Americana Portraits vs.
WCAB, 791 A.2d 449 (Pa. Comm. Ct. 2002)
 Commonwealth Court holds supersedeas fund reimbursement is not available to employer to recoup overpayments where WC Judge granted employer’s petition to review NCP for improper calculation of AWW, reasoning that payments were still owed at incorrect rate until decision was rendered, thus reimbursement criteria was not met.
UTILIZATION REVIEW:
Carter vs. WCAB,
790 A.2d 1105 (Pa. Comm. Ct. 2002)
 Although liability for underlying injury was not yet established, as claim petition was pending, Commonwealth Court finds employer is not precluded from seeking retrospective utilization review of treatment; however, claimant remains precluded until liability is established.
Chuck Katz | Steve Harlen | Jane Lombard
Andy Touchstone | John Dogum | Paul Pauciulo | Sheilah Tone