Christian Petrucci

May 19, 2008 | The Legal Intelligencer

On April 28, 2008, the Commonwealth Court afforded injured workers a substantial victory in its decision, Diehl v. Workers' Compensation Appeal Board (IA Construction and Liberty Mutual Insurance).

By Christian Petrucci

5 minute read

September 14, 2006 | The Legal Intelligencer

In the state Supreme Court case of Cooper v. Schoffstall, the court addressed a lingering issue that rears its head on a daily basis in the average workers' compensation practice. While the case does not stem from a workers' compensation claim, or the Commonwealth Court for that matter, it probably has more relevance in the workers' compensation forum than in other areas of civil litigation. Cooper concerns the availability, in a civil case, of the discovery of financial records of a nonparty expert medical

By Christian Petrucci Special to the Legal

8 minute read

May 11, 2006 | The Legal Intelligencer

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 due to full recovery or a compromise and release agreement could finally end an injured worker's right to seek and receive medical treatment.

By Christian Petrucci

7 minute read

November 08, 2007 | The Legal Intelligencer

In the recent Commonwealth Court case of Dollar Tree Stores Inc. v. WCAB, the court held that an employer is not entitled to recoup an overpayment of indemnity benefits under Section 413(a) of the Workers' Compensation Act unless an incorrect agreement to modify compensation benefits had been executed.

By Christian Petrucci

6 minute read

June 10, 2011 | The Legal Intelligencer

Last week, the Commonwealth Court took the action of reporting the March 11 opinion in the Vaughn v. WCAB (Carrara Steel Erectors) matter.

By Christian Petrucci

8 minute read

November 12, 2010 | The Legal Intelligencer

In case you missed it, the Commonwealth Court recently decided in Fitzgibbons v. WCAB (City of Philadelphia) that an injured worker has three years from the last date of payment to file a petition to review the description of injury, even in a case where the injuries existed at the time the NCP was issued. This decision must be read in context of the other seminal cases dealing with amending the description of injury.

By Christian Petrucci

4 minute read

December 14, 2006 | The Legal Intelligencer

One of the key provisions of the medical cost containment provisions of the Workers' Compensation Act is a peer review system that allows medical bills to be evaluated by a licensed Utilization Review Organization (URO), which offers an analysis by a health care professional ostensibly practicing in the same field as the provider under review to determine the reasonableness and necessity of a particular treatment.

By Christian Petrucci

5 minute read

October 12, 2006 | The Legal Intelligencer

One of the often-neglected areas of workers' compensation practice by those who do not practice it on a regular basis is the compensation for disfigurement, which falls under a broad category of specific-loss claims.

By Christian Petrucci

8 minute read

December 08, 2005 | The Legal Intelligencer

As Philadelphia Workers' Compensation Judge Scott Olin is fond of saying, workers' compensation cases can end in essentially three different ways. Either the claimant loses whatever litigation he is involved in, effectively ending his entitlement to compensation; the injured worker returns to gainful employment in a position which permanently results in his earning his pre-injury average weekly wage; or the parties settle the case amicably for a lump sum of benefits.

By Christian Petrucci

6 minute read

November 10, 2005 | The Legal Intelligencer

On Sept. 29, the Supreme Court of Pennsylvania decided Westinghouse Electric Corp./CBS v. WCAB(Korach). Earlier this year, the Supreme Court had overruled the very troublesome Commonwealth Court decision in Jeanes Hospital v. WCAB (Hass). Although the general consensus is that Westinghouse is largely unintelligible, as it appears to contradict itself, the case actually clarifies the court's holding in Jeanes Hospital when properly understood.

By Christian Petrucci

6 minute read