Tag Archives: Pennsylvania

Arbitrator’s Decision in PA Heart and Lung Hearing is Not Binding on Workers’ Compensation Judge

While issue preclusion generally applies to the decisions of Workers’ Compensation Boards and Commissions, just as it does generally to court decisions [see, e.g., Larson’s Workers’ Compensation Law, § 127.07], the rule does not apply as broadly to decisions of … Continue reading

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Airport Luggage Transport Driver Recovers Under Personal Comfort Doctrine

A Pittsburgh International Airport airport employee, whose job consisted of driving a luggage transport “tug,” and who sustained serious injuries when she flipped her tug as she traveled to one of the airport terminals to meet her mother—who was delivering … Continue reading

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Divided PA Supreme Court Says Mother/Caregiver’s Injuries at Hands of Knife-Wielding Son Were Not Compensable

In a truly bizarre case, a divided Supreme Court of Pennsylvania held that the state’s Commonwealth Court erred in finding that a claimant met her burden of proving that she sustained a work-related injury in the course and scope of … Continue reading

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PA Court Strikes Down Use of AMA Guides, 6th Ed.

Last Friday, a deeply divided Commonwealth Court of Pennsylvania struck down as unconstitutional the requirement, codified in § 306(a.2) of the state’s Workers’ Compensation Act [77 Pa. Stat. Ann. § 511.2(7)], that physicians use the most recent edition of the … Continue reading

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PA: Native-American Marriage Ceremony Establishes “Widow’s” Common-law Marriage

On Tuesday, a Pennsylvania appellate court held that a claimant, whose purported husband had been killed in a work-related rollover accident at a ski resort, had presented clear and convincing evidence that the couple had joined in a common-law marriage … Continue reading

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Pennsylvania Nurse Due Partial Benefits Because of Allergy to Hospital Floor Wax

Where a registered nurse suffered multiple allergic attacks caused by exposure to a chemical component of a floor wax product used by the hospital employing her, she was entitled to ongoing partial disability benefits in spite of the fact that … Continue reading

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“Dog Bites Man”: Pennsylvania Court Affirms Award for Worker Bitten By Co-Worker’s Canine

Yesterday, a Pennsylvania appellate court affirmed an order by the state’s Workers’ Compensation Appeal Board awarding workers’ compensation benefits to a worker who sustained facial lacerations and permanent scarring when he was bitten in the face by a co-worker’s dog … Continue reading

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Pennsylvania Ex-Husband’s LHWCA Benefits Subject to Attachment by Former Spouse for Unpaid Alimony

Longshore and Harbor Workers’ Compensation Act disability benefits are subject to attachment by a worker’s former spouse, held a Pennsylvania court yesterday in Uveges v. Uveges, 2014 PA Super 251, 2014 Pa. Super. LEXIS 3954 (Nov. 5, 2014). The ex-husband owed … Continue reading

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Pennsylvania: Claimant’s Invocation of Self-Incrimination Rights Cannot, Standing Alone, Furnish Sufficient Evidence to Suspend Comp Benefits

On Monday, in Cruz v. Workers’ Comp. Appeal Bd. (Kennett Square Specialties), 2014 Pa. LEXIS 1772 (July 21, 2014), the Supreme Court of Pennsylvania held that as to the proper allocation of the burden of proof between an employer and … Continue reading

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PA Court Refuses to Consider Independent, Board-Certified MD’s Opinion Because of Her Practice “Mix”

When is the opinion of a board-certified (occupational medicine) physician, with years of experience and special training in the utilization of the AMA Guides, and who has performed numerous Impairment Rating Evaluations (IREs) under both the 5th and 6th editions … Continue reading

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