March 13, 2014 | The Legal Intelligencer
Credentials of IRE Physician Successfully ChallengedBeginning with the original Gardner decision back in 2003, one of the sections of the Workers' Compensation Act most subject to appellate court review has been Section 306(a.2), dealing with impairment rating evaluations (IREs).
By Christian Petrucci
8 minute read
February 13, 2014 | The Legal Intelligencer
Claimant's Testimony Sufficient for Ongoing DisabilityWhile the recent opinions coming from the appellate courts have generally been favorable to the defense bar, a Commonwealth Court case just posted Wednesday, Pennsylvania Uninsured Employers Guaranty Fund (PUEGF) v. Workers' Compensation Appeal Board (Bonner and Fitzgerald), puts that trend on hold. In PUEGF, the court addressed a claimant's burden of proof in a claim petition.
By Christian Petrucci
6 minute read
January 09, 2014 | The Legal Intelligencer
Physician-Patient Privilege in Workers' Comp Context UpheldIt is well settled that when an individual seeks compensation benefits under the Workers' Compensation Act, he or she exposes himself or herself to an exception to the physician-patient privilege.
By Christian Petrucci
9 minute read
December 05, 2013 | The Legal Intelligencer
Injured Workers' Ability to Prove Abnormal Working ConditionsProving work-related psychological injuries has always presented a unique challenge to the workers' compensation practitioner, as the burden of demonstrating a disability caused by a psychological or mental condition is more involved than that stemming from a physical injury.
By Christian Petrucci
10 minute read
October 31, 2013 | New Jersey Law Journal
Pa.'s Network for Managing Workers' Comp Is HereTo say that the launch of Pennsylvania's automated workers' comp system has been "trying" is a vast understatement.
By Christian Petrucci
5 minute read
July 21, 2008 | The Legal Intelligencer
A New DiehlThe Commonwealth Court in Diehl v. W.C.A.B.(IA Construction and Liberty Mutual Insurance), defined the "traditional administrative process" as set forth in the Supreme Court's 2005 decision Gardner v. W.C.A.B. (Genesis Health Ventures).
By Christian Petrucci
5 minute read
September 11, 2008 | The Legal Intelligencer
Maximum Medical Improvement Required in IRE CasesIn the last few years, there have been a number of cases from the Commonwealth Court seeking to define the various provisions of Section 306(a.2) of the Workers' Compensation Act, dealing with impairment rating evaluations.
By Christian Petrucci
5 minute read
May 22, 2006 | The Legal Intelligencer
No Limits?The Workers' Compensation Act has always provided for the payment of reasonable surgical and medical services, treatment rendered by physicians or other health care providers as well as medicines and supplies. Nothing short of a termination of benefits du
By Christian Petrucci
7 minute read
September 05, 2013 | The Legal Intelligencer
Pa. Supreme Court Weighs in on 500-Week Benefits CasesThe 2008 Commonwealth Court case of Romanowski v. Workers' Compensation Appeal Board (Precision Coil Processing), 944 A.2d 127 (2008), defined the appropriate limitations period applicable to a claimant seeking a reinstatement of disability benefits after the expiration of the 500-week period under Section 413(a) of the Workers' Compensation Act.
By Christian Petrucci
8 minute read
March 07, 2013 | The Legal Intelligencer
Discussion of Rights of an Undocumented Worker Injured on the JobThe Commonwealth Court has recently added a new case to the common law, dealing with the rights of an undocumented worker who is injured on the job in Pennsylvania.
By Christian Petrucci
6 minute read