Reported Cases

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 […]

Hakif Namani v. WCAB (A. Duie Pyle), 32 A.3d 850 (Pa. Comm. 2011)

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 […]

School District of Philadelphia v. WCAB (Davis), 38 A.3d 992 (Pa. Commw. Ct. 2011)

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 […]

Barbara Gardner v. WCAB (Genesis Health Ventures), 585 Pa. 366, 368 (Pa. 2005)

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 […]

Thomas Sailman v. WCAB (Control Aire Mechanical), 643 A.2d 147 (Pa. Comm. Ct. 1994)

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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