This case adopted our argument that a claimant’s medical expert – just like an employer’s medical expert – cannot ignore prior judicial determinations in the presentation of their opinions as to disability. The case also speaks to the inappropriateness of attempts by claimants to re-litigate termination decisions without establishing solid proof of a change in […]
This case makes the important ruling that claimants who contest pension benefit offsets are required to present some credible evidence to counter an employer’s expert actuarial testimony. Previously, the loophole existed whereby claimants who wanted to contest pension benefit offsets, or WC Judges who wanted to deny them, could simply argue that the employer’s actuary […]
This Pennsylvania Supreme Court case makes the important clarification regarding the procedures for modifying a workers’ compensation claimant’s benefits based on an Impairment Rating Evaluation (“IRE”). Previously, it was understood that an IRE must be requested within 60 days of a claimant’s receipt of 104 weeks of total disability benefits, and that, if requested outside […]
This case ruling on formal job placement efforts made by the employer is also applicable to job availability studies performed in current labor market surveys. The case holds that the workers’ compensation judge may modify (reduce) a claimant’s wage loss benefit payments based on the highest-paying of the jobs located for [or presented to] a […]
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