Tag: Pennsylvania

Oct 13, 2022

Opinion Mondays: The AMA is on Another Collision Course With Protz

The first session at tomorrow afternoon's (August 18, 2020) virtual conference, sponsored by Workers' Compensation Institute, has really piqued my interest. Entitled, "THE NEW AMA Guides®" (hereinafter "the Guides"), it begs the question: "When will the 7th Edition of the Guides be released?"....

Opinion Mondays: The AMA is on Another Collision Course With Protz Opinion Mondays: The AMA is on Another Collision Course With Protz
Dec 27, 2021

PA Supreme Court “Corrects” Long-Standing Rule Regarding Award of Attorney’s Fees Against Employer Who Reasonably Contests Issues

In a decision that is turning heads in the Keystone State, the Supreme Court of Pennsylvania, stressing the importance differences between two words—“shall” and “may”—reversed a decision by the state’s...

PA Supreme Court “Corrects” Long-Standing Rule Regarding Award of Attorney’s Fees Against Employer Who Reasonably Contests Issues PA Supreme Court “Corrects” Long-Standing Rule Regarding Award of Attorney’s Fees Against Employer Who Reasonably Contests Issues
Jul 23, 2021

PA Claimant’s Benefits Terminated: 18 Months of Home Remedies Did Not Constitute Medical Treatment

The Pennsylvania Commonwealth Court held a WCJ appropriately relied upon the medical opinion of the employer’s examining physician in which the doctor opined that the workers’ compensation claimant had made...

PA Claimant’s Benefits Terminated: 18 Months of Home Remedies Did Not Constitute Medical Treatment PA Claimant’s Benefits Terminated: 18 Months of Home Remedies Did Not Constitute Medical Treatment
Jan 28, 2021

PA Supreme Court Construes Benefits Disqualification During Incarceration Statute

The Supreme Court of Pennsylvania, affirming a decision by the state’s Commonwealth Court, held that the express terms of Section 306(a.1) of the state’s Workers’ Compensation Act [77 P.S. §...

PA Supreme Court Construes Benefits Disqualification During Incarceration Statute PA Supreme Court Construes Benefits Disqualification During Incarceration Statute
Sep 15, 2020

PA Court Says WCJ Erred in Failing to Award Attorney’s Fees to Claimant

The Commonwealth Court of Pennsylvania recently reversed a decision of the state's Board and found, contrary to the findings of both a WCJ and the Board, that an employer violated...

PA Court Says WCJ Erred in Failing to Award Attorney’s Fees to Claimant PA Court Says WCJ Erred in Failing to Award Attorney’s Fees to Claimant
May 26, 2020

PA Injured Worker's Decision to Become Stay-at-Home Dad Proves to be Expensive

A Pennsylvania appellate court held that where an injured worker resigned from his modified-duty position in order that he could be a “stay-at-home” dad, in part due to his injury,...

PA Injured Worker's Decision to Become Stay-at-Home Dad Proves to be Expensive PA Injured Worker's Decision to Become Stay-at-Home Dad Proves to be Expensive
May 19, 2020

PA Commonwealth Court Says Protz Decision Was Not "Fully Retroactive"

In the continuing saga surrounding Pennsylvania’s Protz decision [see Protz v. Workers’ Compensation Appeal Board (Derry Area School District), 639 Pa. 645, 161 A.3d 827 (Pa. 2017)(Protz II)], the state’s...

PA Commonwealth Court Says Protz Decision Was Not "Fully Retroactive" PA Commonwealth Court Says Protz Decision Was Not "Fully Retroactive"
Apr 29, 2020

PA Commonwealth Court Reverses ALJ's Decision Awarding Unreasonable Contest Fees

In a decision that discusses the complex give and take between an injured Pennsylvania employee and an employer who contends that the employee no longer is entitled to a payment...

PA Commonwealth Court Reverses ALJ's Decision Awarding Unreasonable Contest Fees PA Commonwealth Court Reverses ALJ's Decision Awarding Unreasonable Contest Fees
Mar 16, 2020

Settlement of Comp Claim Bars Subsequent Civil Action Against Employer on “Third Party Attack” Theory

Where a residential counselor at a Pennsylvania inpatient psychiatric facility sought and successfully secured a $40,000 settlement from her employer in a workers’ compensation proceeding in connection with injuries she...

Settlement of Comp Claim Bars Subsequent Civil Action Against Employer on “Third Party Attack” Theory Settlement of Comp Claim Bars Subsequent Civil Action Against Employer on “Third Party Attack” Theory