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Workers Compensation One Liners
Jane Lombard
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Credit/Offset:
Commw. of PA (Dept. Of Public Welfare v. WCAB (Harvey),
960 A.2d 957 (Pa. Commw. Ct. 2008) |
On employer’s appeal from WCAB’s order remanding the case for additional findings concerning the present day value of claimant’s State pension fund contribution, Commw. Ct. held the interlocutory order was appealable because to allow additional findings might result in the issue ultimately evading appellate review and a remand would require the employer to attend an improper hearing; it has already been decided that an actuarially determined assumed rate of return is properly utilized to determine a pension offset, thus there is no need to remand to calculate an actual annual rate of return. |
Notice:
The Bullen Companies v. WCAB (Hausmann),
960 A.2d 488 (Pa. Commw. Ct. 2008)
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Relying on the Supreme Court’s decision in Sell v. WCAB, Commw. Ct. reiterates that the discovery rule is applicable to occupational diseases brought under Section 301 (c) (1) for purposes of determining timely notice to the employer under Section 311 of the Act; notice obligation is triggered when claimant has received a medical report definitely establishing causation between solvent exposure and kidney disease; mere suspicion, intuition or belief on the part of the claimant is not enough to trigger notice obligation. |
Review Petition:
Weney v. WCAB (MAC Sprinkler Systems),
960 A.2d 949 (Pa. Commw. Ct. 2008) |
Second Review Petition to add a neck injury is precluded by the doctrine of technical res judicata where the parties previously litigated a Review Petition to describe compensable shoulder injuries and at that time claimant was aware of the work relatedness of the neck injury and failed to raise; application of technical res judicata doctrine promotes judicial economy and efficiency. |
Specific Loss/Disfigurement:
Dart Container Corp. v. WCAB (Lien),
959 A.2d 985 (Pa. Commw. Ct. 2008) |
WCAB’s order which awarded 70 weeks of benefits for a cervical disc surgery scar was vacated and remanded by the Commw. Ct. for the Board to explain why most Judges would award between 60 and 75 weeks for such a scar that the WC Judge deemed worth 22 weeks where the Board did not reject the Judge’s description, did not provide their own description, and did not explain why their 60 to 75 week range was appropriate. |
Suspension/LIBC 757:
Miegoc v. WCAB (Throop Fashions),
951 A.2d 269 A.2d Pa. Commw. Ct.) |
In a case involving a 1992 injury Commw. Ct. reverses suspension of benefits because employer failed to provide Notice of Ability to Return to Work prior to proceeding on the petition; Court held that the requirement that form LIBC 757 be issued is a procedural change thus applicable retroactively; they reasoned that the notice requirement does not alter the elements an employer must prove to obtain a suspension of benefits. |
Jane Lombard | Chuck Katz | Steve Harlen | Paul Pauciulo | Sheilah Tone | Sharon McGrail-Szabo
Debra Matherne | Thomas Ollason | Bill Conwell | Sharolyn Murphy | Joseph F. Frattone
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