Publications
Commonwealth Court Allows Second Review Petition, Rejects Res Judicata Defense on Psychological Injury Claim
The Commonwealth Court has found that serial Petitions to Review may be permitted to add injuries, if they are of a different nature and even if the symptoms existed at the time a prior Petition to Review was litigated.
What’s Hot in Workers’ Comp, Vol. 29, No.
Commonwealth Court Affirms Notice Was Timely in Electrocution and Tremor Injury Claim
The Commonwealth Court has affirmed that a claimant who notifies their employer of a work injury in plain language and in a timely manner satisfies the notice requirements of Sections 311 and 312 of the Act even if a diagnosis is not immediately r
What’s Hot in Workers’ Comp, Vol. 29, No.
Commonwealth Court Upholds Penalties Against Employer for Failure to Pay Fee Review Determinations
The Commonwealth Court affirmed a workers’ compensation judge’s award of penalties and counsel fees against an employer that failed to comply with multiple Fee Review Determinations.
What’s Hot in Workers’ Comp, Vol. 29, No.
Commonwealth Court Reverses Dismissals, Holds Claim Petition Preserved Claims and Orders Remand
The Commonwealth Court reversed a decision that had dismissed multiple parties from a workers’ compensation case.
What’s Hot in Workers’ Comp, Vol. 29, No.
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What’s Hot in Workers’ Comp, Vol. 29, No.
Delaware Superior Court Affirms Board’s Interpretation of Total Disability Duration Under Gilliard-Belfast, Setting Stage for Supreme Court Clarification
The claimant was injured at work on February 3, 2022, and began receiving total disability benefits.
What’s Hot in Workers’ Comp, Vol. 29, No.
Court of Appeal Holds that Judges of Compensation Claims Lack Jurisdiction Over Employer/Carrier Paid Costs and Have Limited Role in Reviewing employer/Carrier Paid Fees
The First District Court of Appeal issued an opinion that clarifies the extent of a Judge of Compensation Claim’s (JCC’s) discretion, and even jurisdiction, to review attorney fees and costs paid by employers/carriers. In Fox v.
What’s Hot in Workers’ Comp, Vol. 29, No.
Appellate Division Affirms Dismissal of Construction Zone Death Suit Against employer and Engineering Firms Based on Workers’ Compensation Bar and Failure to Serve Affidavits of Merit.
On July 11, 2014, Michael Alexander was struck and killed by a sweeper truck while working in an active construction zone on the New Jersey Turnpike. Northeast Sweepers owned the truck, which was driven by Christopher Hackett. Crisdel Group, Inc.
What’s Hot in Workers’ Comp, Vol. 29, No.
Court Affirms Termination Petition After C&R Agreement Limits Scope of Work Injury
In a recent decision, the Commonwealth Court of Pennsylvania affirmed a ruling that granted an employer’s Termination Petition after a Compromise and Release (C&R) Agreement limited the scope of a worker’s compensable injuries.
What’s Hot in Workers’ Comp, Vol. 29, No.
Court Affirms Benefits for Aggravation of Preexisting Knee Condition Despite Employer’s Challenge
The Commonwealth Court of Pennsylvania affirmed a decision awarding benefits to a claimant who claimed his work duties aggravated a preexisting right knee condition, ultimately requiring a total knee replacement.
What’s Hot in Workers’ Comp, Vol. 29, No.