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 […]
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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