Del Collo & Mazzanti LLP is proud to announce that Michelle A. Rhodes is also now certified as a specialist in the practice of workers’ compensation law by the Pennsylvania Bar Association’s Section on Workers’ Compensation Law as authorized by the Pennsylvania Supreme Court.
This case signifies a growing acceptance by the Pennsylvania Commonwealth Court that a claimant may take himself out of the work place and thus be subjected to a suspension of eligibility for ongoing wage loss benefit payments. Here, at trial, we established that the claimant had applied for and was in receipt of Social Security […]
In this matter we succeeded at the trial level in obtaining a modification (reduction) of claimant’s wage loss benefits by demonstrating his earning power through a labor market survey, as buttressed by the testimony of our retained medical expert. The claimant appealed, but the Workers’ Compensation Appeal Board affirmed our modification, accepting the judge’s findings […]
In this case, we argued successfully for our client ACTS that the attempt by Radnor School District to join ACTS as an additional defendant failed because the joinder was filed untimely. This ruling will help speed litigation at the trial level as lawyers and workers’ compensation judges know that “late joinders” will now be looked […]
In this case, the Commonwealth Court upheld our argument that franchisor Salad Works did not become the claimant’s statutory employer simply because its franchisee was uninsured for workers’ compensation claims as of the date of claimant’s work injury (claimant was the franchisee’s employee). This decision forced liability for payment of claimant’s wage loss and medical […]
Employer’s Subrogation Upheld Despite Contract Recovery Argument Clyde Kennedy v. WCAB (Henry Modell & Co., Inc.), No. 1649 C.D. 2012 (Opinion filed 8/01/13) Despite strenuous efforts by the Claimant to defeat a compensation lien; the Commonwealth Court upheld the employer’s subrogation entitlement. The Claimant, Clyde Kennedy, was injured in 1989. He was working […]
Trigon Holdings, Inc. v. WCAB (Griffith), (Pa. Commonwealth Court 6/28/2013) This is an interesting case about course of employment. The lesson here is that the Pennsylvania Commonwealth Court seems to be sending a signal that deviations from employment, even of a short duration, will not necessarily be found compensable. Consequently, strong consideration should […]
Del Collo & Mazzanti LLP is proud to announce that Mark L. Mazzanti, Ryan T. McNicholas, Erin Courtney Thompson, and Ian F. Landman are now certified as specialists in the practice of workers’ compensation law by the Pennsylvania Bar Association’s Section on Workers’ Compensation Law as authorized by the Pennsylvania Supreme Court.
Sabrina Bowman v. Sunoco, Inc., (Pa. Supreme Court 4/25/2013) The Claimant had been employed by Allied Barton Security Services as a security guard. At the start of her employment, she was obliged to sign a disclaimer or waiver form. Pertinently, the waiver provided that, in consideration of her being hired, she waived her […]
Wallace Brewer v. WCAB (E2 Payroll & Staffing Solutions), (Commonwealth Court, April 2013) The Claimant was struck at work by a forklift operated by a coworker. Claimant first went to the employer’s panel, and was then transferred to a local ER. Claimant was informed he would be drug tested. He responded by indicating […]
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