Establishing Failure to Well-Plead Secures a Win for the Defense

In our successful appeal to the Commonwealth Court, the workers’ compensation judge had awarded a closed period of benefits and then terminated all benefits, despite the employer’s late answer. The judge found that the description of injury was not well-pled and, therefore, not deemed admitted. The Appeal Board reversed the judge on the full termination of benefits, saying that, since our IME physician did not acknowledge a work-related psychiatric injury, his testimony was in conflict with the admitted injury due to the late answer.

Temporary total disability benefits were properly reinstated as of the date claimant filed a Protz constitutional challenge, and exceptional circumstances did not exist to allow for a reinstatement as of the date of the original IRE.

The claimant sustained a work injury in May 2007. Subsequently, the status of his benefits was changed from total to partial based on a December 2, 2010, IRE that found he had an 8% whole-person impairment. What’s Hot in Workers’ Comp, Vol. 27, No.

Appellate Division affirms summary judgment against employer due to the exclusive remedy provision of the Act and affirms summary judgment, in part, to an insurance carrier in excluding coverage for intentional wrong claims.

In the first of these two cases (No. A-1702-21), the Appellate Division affirmed an order granting summary judgment to Bravo Pack (Bravo), dismissing all claims, cross-claims, and third party claims against Bravo.  What’s Hot in Workers’ Comp, Vol. 27, No.