Publications
Failure to prove decedent died in course/scope of employment-found dead in home office-since evidence insufficient as to how, when, what decedent was doing at time he sustained injury leading to his death.
The decedent, an international sales manager who worked out of his house or at the employer's facility when not traveling, was found dead in his home office by his wife.
Case Law Alert - 1st Qtr 2012
Employer can pursue termination, suspension or modification of benefits as of a date prior to the issuance of a Notice of Compensation Payable.
The issue on appeal to the Commonwealth Court in this case was whether benefits can be terminated or suspended as of a date before a Notice of Compensation Payable is issued.
Case Law Alert - 1st Qtr 2012
A heart attack suffered at home after receipt of a letter terminating employment held not to be within the scope of employment.
The Commonwealth Court upheld the denial of a fatal claim petition, finding that the claimant failed to meet her burden of proving that her husband died in the course and scope of his employment or while furthering the employer's business when
Case Law Alert - 1st Qtr 2012
The claimant's failure to seek employment does not establish voluntary retirement from the workforce so as to warrant suspension of benefits.
The claimant sustained a work-related knee injury and then underwent knee replacement surgery, after which she was limited to performing only full-time sedentary work.
The Supreme Court holds that where a claimant worked less than 26 weeks prior to the work injury, the average weekly wage calculation should be based only on the ACTUAL weeks where the claimant was working.
This case involved the statutory interpretation of Section 2302(b) of The Act which deals with the average weekly wage calculation.
In a case where the employer filed a petition challenging a utilization review determination, the board strongly suggested that by doing so, the employer waived its right to challenge that treatment on causation grounds.
The claimant sustained injuries to his cervical and lumbar spine resulting from a work accident on May 19, 2008, when he was rear ended by a bus during the course of his employment.
The Supreme Court holds that an insurer is entitled to Supersedeas Fund reimbursement for payment of a medical bill made after a request for supersedeas was denied, even though the bill was for treatment received before the supersedeas request was made.
In this case, the claimant, who was receiving benefits for a July 1995 work injury, was seen for an independent medical evaluation (IME) on March 16, 2004.
In calculating a claimant's average weekly wage, §309(d) applies when the claimant is a long-term employee. The workers' compensation judge properly subtracted depreciation from commission earnings in calculating the claimant's average weekly wage.
In this case, a workers' compensation judge issued a decision concerning the calculation of the claimant's average weekly wage (AWW).
The Third Circuit holds that plaintiff failed to establish pretext when his employment was terminated because of the employer's safety concerns following an angry outburst by the employee and his subsequent viewing of blocked gun websites at work.
The Third Circuit upheld summary judgment in favor of an employer who terminated the plaintiff's employment after he expressed anger concerning the employer's offer of a lower paying position and after it learned that he was accessing bl
Case Law Alert - 4t Qtr 2011
A prior utilization review Determination, finding treatment the claimant received from the same chiropractor to be reasonable and necessary, does not estop the employer from requesting utilization review of that same treatment in the future.
In this case, the employer filed a utilization review (UR) request concerning the reasonableness and necessity of chiropractic treatment being provided to the claimant beginning December 31, 2007.