Workers' Compensation One Liners
Jane Lombard
 
 
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 May 2002
ATTORNEY’S FEES
Montgomery Hospital vs. WCAB,
793 A.2d 182
Recognizing their decisions in Smith and Hill which held claimant had no obligation to pursue a modified job offer in good faith during the pendency of a claim petition were not practical, the Commonwealth Court acknowledged Vista International Hotel overruled those cases and therefore the WC Judge’s grant of unreasonable contest attorney’s fees was reversed because the extent of disability based on an offer of a modified job may be a valid area of contest.
CAUSATION
Kurtz v. WCAB,
794 A.2d 443

Commonwealth Court reversed WCAB and WC Judge holding claimant’s recurrent head pain was “obviously causally related” to work injury as the nexus was so clear that a untrained lay person could make the connection, despite the recurrent symptoms occurring nearly two years after the surgery which relieved the original pain, thereby alleviating claimant’s burden to show a causal connection to obtain payment of medical expenses.
COMMUTATION
Christopher v. WCAB,
793 A.2d 991
 Commonwealth Court affirmed dismissal of claimant’s petition to commute partial disability benefits established after impairment rating evaluation changed claimant’s status, finding claimant could not show commutation was in his best interest or sufficiently evidence employer would be protected from overpayment.
PENALTY
Gereyes v. WCAB,
793 A.2d 1017
 Commonwealth Court affirmed WCAB’s reversal of WCJ order which granted ongoing benefits as employer properly stopped compensation under TNCP with notice of stopping and notice of denial; however, the Court affirmed the penalty assessed against employer for unilaterally reducing benefits paid to the claimant under the TNCP, despite the fact that the claimant had returned to work.
WORK AVAILABILITY
General Electric Company vs. WCAB, 793 A.2d 191
 Commonwealth Court affirmed decision which modified claimant’s compensation benefits for 90 days insofar as there was no guarantee employer would fund the position beyond 90 days.
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