Publications
Board's dismissal of Petition to Determine Compensation Due overturned. Board erred in not finding that claimant's medical expert's testimony established the work activities were a substantial cause of claimant's low back injury.
This case involved a claimant's Petition to Determine Compensation Due in which he alleged that he injured his low back on October 29, 2009, while working as a delivery driver.
Case Law Alerts, 3rd Quarter 2013
There is no lien recovery against a UIM policy purchased by the employer.
Two employees were killed in a motor vehicle accident while in the course and scope of their employment. The employer provided workers' compensation coverage for the decedents' estates.
Case Law Alerts, 3rd Quarter 2013
The employer is not excused from bringing its fact witnesses to a hearing for live testimony where the excuse offered is that they must travel from Pittsburgh, PA to Delaware.
This case involved a motion presented by the employer to the Board seeking permission for two of its fact witnesses to testify telephonically at the upcoming Board hearing rather than appearing live.
Case Law Alerts, 3rd Quarter 2013
The Board denies the employer's request for a credit against the claimant's future medical benefits based on its having paid a lien for child support arrears against the claimant.
This case came before the Board on a rule to show cause filed by the employer who asserted a credit against the claimant's future medical benefits. The claimant was pro se and was actually not present at the legal hearing.
Case Law Alerts, 3rd Quarter 2013
The exclusive remedy provision of the Workers' Compensation Act withstands yet another "intentional tort" challenge.
The plaintiff was employed as a laborer for the defendant, a company that recycles wooden pallets and other scrap wood products for use as mulch. The respondent employed the use of several wood grinding machines for this purpose.
Case Law Alerts, 3rd Quarter 2013
The Appellate Division addresses the issue of compensability in the context of off-site employment.
The petitioner was employed as a school bus driver by the respondent. Her responsibilities included driving children to school in the morning and then driving them home from school in the afternoon.
Case Law Alert, 3rd Quarter 2013
Appellate Division dismisses carrier's appeal to deny workers' compensation coverage based on a finding of invalid cancellation of policy.
The petitioner was employed by the respondent, a subcontractor on a project for the General Contractor (GC). On November 29, 2007, the petitioner fell and injured himself at work.
Case Law Alerts, 3rd Quarter 2013
Supreme Court holds that receipt of pension benefits is not a presumption of retirement. It is an inference that must be considered in connection with the totality of the circumstances.
The Supreme Court clarified the employer's burden of proof with respect to a Petition to Suspend Benefits based on a claimant's retirement. In this case, the claimant started receiving a disability pension after her work injury.
Case Law Alerts, 3rd Quarter 2013
Suspension of benefits—based on evidence of claimant's voluntary removal from the work force—was appropriate even though employer did not specifically request a suspension of benefits.
The claimant worked for the employer as an instructional aide and was injured as a result of a student attack. The injury was acknowledged by a Notice of Compensation Payable (NCP).
Case Law Alerts, 3rd Quarter 2013
Fee review application cannot be barred by collateral estoppel where the hearing officer fails to conduct a hearing or address whether the insurer strictly complied with § 127.207 of the medical cost containment regulations.
In this case, the provider performed Therapeutic Magnetic Resonance (TMR) treatments on the claimant and billed them to the carrier at $3,298 per treatment. The carrier downcoded the procedure and paid the provider $26.24 per treatment.
Case Law Alerts, 3rd Quarter 2013