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4/27/17

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.

Dennis Stevenson v. School District of Philadelphia, Pennsylvania WCAB Appeal Case No. A16-0700 (Opinion circulation date 12/29/2016)

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 […]

Salad Works, LLC and Wesco Insurance Company v. WCAB (Gaudioso and the UEGF), 123 A.3d 790 (Pa. Comm. Ct. 2015)

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

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 […]

Court Strictly Construes Course of Employment

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 […]

5/6/13

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.

Employer Granted Suspension on Defense of Positive Drug Test

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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