Christian Petrucci

November 03, 2008 | The Legal Intelligencer

On Sept. 6, the proposed amendments to the Special Rules of Practice and Procedure Before Workers' Compensation Judges were published in the Pennsylvania Bulletin.

By Christian Petrucci

5 minute read

December 01, 2003 | The Legal Intelligencer

One of the most difficult ways to suspend an injured worker's compensation benefits is through a suspension petition based on a claimant's failure to undergo recommended medical treatment.

By Christian Petrucci

5 minute read

November 11, 2005 | Law.com

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, says Christian Petrucci.

By Christian Petrucci

6 minute read

October 16, 2009 | The Legal Intelligencer

In the recent case of World Kitchen Inc. v. W.C.A.B. (Rideout), the Commonwealth Court considered the issue of whether a claimant's testimony alone, regarding her subjective limitations due to pain, can be sufficient to defeat a modification petition supported by an employer's expert medical testimony.

By Christian Petrucci

7 minute read

May 12, 2005 | The Legal Intelligencer

As was previously reported in this space, the Supreme Court of Pennsylvania has recently overruled the Commonwealth Court's decision in Jeanes Hospital v. W.C.A.B. (Hass). The Supreme Court found that a worker's compensation judge properly amended a notice of compensation payable to include a shoulder injury, fibromyalgia, pain and various related psychiatric factors.

By Christian Petrucci

6 minute read

April 08, 2010 | The Legal Intelligencer

In February, the Commonwealth Court reported the decision in Barrett v. W.C.A.B (Vision Quest National), which had previously been unreported, continuing what seems to be a troubling trend of reporting otherwise dormant decisions that are decidedly unfavorable to the Claimant's Bar.

By Christian Petrucci

7 minute read

November 13, 2006 | Corporate Counsel

An initially unreported Pennsylvania Commonwealth Court decision was recently ordered to be reported, and to the substantial benefit of injured workers. The opinion reinforces the notion that the last bureau document in time is "controlling" with respect to the disability status of the claimant. Specifically, the court says the employer has the burden of showing that the employee's disability has changed after the date of the last supplemental agreement. Attorney Christian Petrucci examines the case.

By Christian Petrucci

6 minute read

November 09, 2006 | The Legal Intelligencer

An initially unreported Commonwealth Court decision was recently ordered to be reported, and to the substantial benefit of injured workers. Sharon Tube Co. v. W.C.A.B. (Buzard) reinforces the notion that the last bureau document in time is �controlling� with respect to the disability status of the claimant.

By Christian Petrucci

6 minute read

December 10, 2009 | The Legal Intelligencer

The status of the law regarding the various provisions of Section 306(a.2) of the Workers' Compensation Act dealing with Impairment Rating Evaluations, or IREs, continues to be in flux.

By Christian Petrucci

7 minute read

February 14, 2008 | The Legal Intelligencer

The Commonwealth Court's recent decision in Rosenberg v. WCAB (Pike County) addresses the thorny issue of the responsibility of an employer to provide an available position to a partially disabled claimant prior to performing a labor market survey.

By Christian Petrucci

6 minute read