Publications
The "travel time" exception to the "going and coming rule."
The petitioner was employed by the respondent as a magician and puppeteer who conducted school assembly programs where he taught children about safety and was paid an annual salary.
Case Law Alerts - 2nd Quarter 2013
Allocation of liability among respondents. A questionable application of the Peterson doctrine.
The petitioner was employed as a tile finisher with the respondent. On July 27, 2006, the petitioner fell in a hole while in the course of his employment and sustained injury to his lumbar spine.
Case Law Alerts - 2nd Quarter 2013
A claimant who settles his claim by final and binding Compromise & Release Agreement cannot later petition to expand the nature of the work injury, arguing that the employer is precluded from denying causation by voluntarily making a medical bill payment.
The claimant settled his indemnity claim by Compromise and Release Agreement (C&R). The C&R that was approved by the Workers’ Compensation Judge described the injuries as "[a]ny and all injuries . . .
Case Law Alert - 2nd Quarter 2013
Absent a showing by the claimant that the employer deliberately subverted a third party-suit brought by the employee, the employer's right to subrogation under §319 of the Act is virtually absolute.
The claimant sustained injuries in the course and scope of his employment as a police officer when he lost control of a motorcycle he was on while training and it fell on top of him.
Case Law Alerts - 2nd Quarter 2013
Claimant seeking reinstatement after previously refusing a light-duty job in bad faith must show work injury has worsened, as well as prove an inability to do light-duty job. Claimant not relieved of burden simply because prior job was a funded position.
Following the claimant's work injury, the employer referred the claimant to an employer for a funded employment position.
Case Law Alerts - 2nd Quarter 2013
In a petition to suspend the benefits of an unauthorized worker, the employer must show that the claimant is unauthorized and that the claimant is no longer totally disabled.
The claimant suffered an injury while working for the employer and brought a claim against the Pennsylvania Uninsured Guaranty Fund (Guaranty Fund).
Case Law Alerts - 2nd Quarter 2013
The Supreme Court holds that grace period payments made to the claimant are considered compensation and the employer is entitled to reimbursement of these payments from the Supersedeas Fund.
The employer filed a petition to modify a claimant's workers' compensation benefits, which it later amended to a suspension petition. In connection with the petition, the employer requested supersedeas.
Case Law Alerts - 2nd Quarter 2013
In a physical/mental injury claim, a claimant need not prove that a physical disability caused a mental disability nor show that a physical injury continues during the life of the psychic disability.
The claimant was employed as an equipment operator and was involved in a work-related accident while operating a tractor trailer.
Case Law Alerts - 2nd Quarter 2013
IRS Loses Lawsuit Challenging Its Authority to Regulate Certain Tax Preparers
On Friday, January 18, 2013, James E.
Amendments to Medicare Lien Legislation
Anyone who has settled liability or workers' compensation claims in the past couple of years knows how difficult it can be to understand and comply with the Medicare secondary payer rules regarding the reimbursement of liens, as set forth in T