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Workers' Compensation One Liners
Jane Lombard
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 Download printable format
March 2007
Attorney’s Fees:
Wood v. WCAB, (Country Care Private Nursing), 915 A.2d 181 (Pa. Commw. Ct. 2007). |
The Commw. Ct. reverses the WCAB holding employer’s contest to claimant’s Petition for Reinstatement is not reasonable where employer relies solely on its cross-examination of claimant’s expert, sufficiency of claimant’s medical evidence, and an objection to the competency of the medical witness; where employer presented no contrary evidence and WC Judge was satisfied that claimant’s disability continued and her earnings loss recurred through no fault of her own employer does not satisfy its burden to prove it reasonably contested the petition. |
Death Benefits:
A-Jon Contractors v. WCAB (DiMarzio), 915 A.2d 725 (Pa. Commw. Ct. 2007). |
Commw. Ct. affirmed holding that awarded death benefits to non-biological children where credible testimony established decedent acted and intended to function as the children’s parent which included providing financial support, involving himself in their education, and playing the role of a father; the Court noted that the question of whether a decedent stood in loco parentis is a fact specific one. |
Penalty:
Jordan v. WCAB (Phila. Newspapers, Inc.), 340 & 420 C.D. 2006 decided 3/28/07. |
Commw. Ct. affirms assessment of 50 percent penalty against employer who revoked a TNCP thereby forcing claimant to pursue a Claim Petition where its Notice of Denial admitted the occurrence of a compensable injury. |
Jane Lombard | Chuck Katz | Steve Harlen | Paul Pauciulo
Sharon McGrail-Szabo | Sheilah Tone | Debra Matherne | Thomas Ollason
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