Christian Petrucci

April 04, 2013 | The Legal Intelligencer

One basis employers have to seek a suspension of an injured worker's weekly compensation benefits is the claimant's voluntary withdrawal from the labor market. In other words, retirement. Last month, the state Supreme Court weighed in on the issue in its decision in City of Pittsburgh v. WCAB (Robinson), speaking to whether taking a pension creates a presumption of retirement. The case had been decided in 2010 by the Commonwealth Court.

By Christian Petrucci

5 minute read

July 17, 2009 | The Legal Intelligencer

Imagine coming to this greatest country on God's green earth in order to provide a better life for your family, only to be injured on the job while attempting to realize that dream. While the workers' compensation system provides a modest income, a need could arise that necessitates a trip to your country of origin to attend to affairs, a sick family member or just to recuperate. Notwithstanding your desire to eventually return to the work force that has served you so well in your new life, your benefits are forever suspended through no fault of your own.

By Christian Petrucci

6 minute read

September 13, 2007 | Law.com

Various changes to the Pennsylvania Workers' Compensation Act occurred with the passage of Act 57 of 1996.

By Christian Petrucci

5 minute read

September 10, 2009 | The Legal Intelligencer

Section 306(f.1)(1)(i) of the Workers' Compensation Act provides that an employer must pay for reasonable surgical and medical services, including "medicines and supplies, as and when needed." Subpart (ii) of the same section further indicates that the employer shall also pay for "services and supplies and orthopedic appliances."

By Christian Petrucci

6 minute read

May 08, 2008 | The Legal Intelligencer

On April 28, the Commonwealth Court afforded injured workers across the commonwealth a substantial victory in its decision, Diehl v. W.C.A.B. (IA Construction and Liberty Mutual Insurance).

By Christian Petrucci

6 minute read

October 26, 2012 | New Jersey Law Journal

Pennsylvania's mandatory mediation provision was supported by both the claimants bar and the Chamber of Commerce. The claimant's focus must be convincing the insurance company (and the mediating judge) that it will save money in the long run by settling. After all, isn't saving money the only reason an employer would pay a lump sum?

By Christian Petrucci

7 minute read

December 13, 2012 | The Legal Intelligencer

As is well known to the workers' compensation practitioner, work-related psychological injuries are challenging, to say the least, as the case law of the last decade has not been favorable to the injured worker.

By Christian Petrucci

6 minute read

November 08, 2012 | The Legal Intelligencer

The recent Commonwealth Court case of Krushauskas v. Workers' Compensation Appeal Board (General Motors) sets a disturbing precedent that should cause all claimant's practitioners to take note. Essentially, the court enables an employer to unilaterally suspend benefits and then allow the illegal conduct to be retroactively sanctioned, years later.

By Christian Petrucci

10 minute read

August 14, 2008 | The Legal Intelligencer

The Commonwealth Court case of Prebish v. W.C.A.B. (DPW/Western Center) revisits the issue of whether an employer can file "serial termination petitions" in an effort to prove that a claimant is fully recovered from a long-standing work injury.

By Christian Petrucci

6 minute read

January 20, 2012 | The Legal Intelligencer

Last month, the Commonwealth Court decided the case of White v. Workers' Compensation Appeals Board (City of Pittsburgh) , which dealt with the constitutional question of whether the "old age" retirement benefit offset provision of Section 204(a) of the Workers' Compensation Act violates the equal protection requirement of the Pennsylvania Constitution.

By Christian Petrucci

7 minute read