Christian Petrucci

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

March 10, 2005 | The Legal Intelligencer

Of all the ammunition in a claimant's attorney's arsenal, the weapon that is most deadly and least utilized is that of the unreasonable contest counsel fee demand. As a result of a defendant's overly aggressive posture, a claimant is routinely forced to needlessly prosecute a petition for benefits or otherwise oppose a baseless defense petition, causing precious judicial resources to be misallocated.

By Christian Petrucci

5 minute read

November 12, 2009 | The Legal Intelligencer

If the following column seems familiar, it is no coincidence. On Oct. 20, the Pennsylvania Supreme Court authored the fourth, and not final chapter in the Diehl saga, by granting the claimant's petition for allowance of appeal.

By Christian Petrucci

6 minute read

April 14, 2005 | The Legal Intelligencer

Perhaps one of the most important, yet most overlooked aspects of litigating the workers' compensation case is the preparation of the brief following the close of the record.

By Christian Petrucci

6 minute read

April 22, 2005 | Law.com

Perhaps one of the most important, yet most overlooked aspects of litigating the workers' compensation case is the preparation of the brief following the close of the record. Practitioners and clients on both sides of the aisle often find fault with the amount of time required for a petition to be litigated in its entirety. However, the problem most often lies not with the manner of litigation while the record is open, but with the briefing process after it is closed.

By Christian Petrucci

6 minute read

November 13, 2006 | Law.com

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

October 13, 2005 | The Legal Intelligencer

For quite some time now, the Philadelphia Bar Association's workers' compensation section has been searching for the best way members of our section can fulfill our obligations as lawyers to provide professional services in an effort to make justice available to all and to increase our representation of the poor and disadvantaged who do not have appropriate access to the legal system.

By Christian Petrucci

6 minute read

October 15, 2010 | The Legal Intelligencer

On Oct. 20, 2009, the Pennsylvania Supreme Court granted the claimant's petition for allowance of appeal in Diehl v. W.C.A.B..

By Christian Petrucci

5 minute read

February 09, 2006 | The Legal Intelligencer

The January 2003 Commonwealth Court case of Gardner v. W.C.A.B. (Genesis Health Ventures) held that an employer's failure to request an Impairment Rating Evaluation (IRE) within 60 days of the expiration of the 104-week period, as provided by the plain meaning of the statute, is a bar to seeking an IRE altogether under Section 306(a.2) of the act.

By Christian Petrucci

5 minute read

July 14, 2005 | The Legal Intelligencer

At first blush, one might read the recent Commonwealth Court case of US Airways v. W.C.A.B. (McConnell) and come away with the impression that the court has made it much more difficult for claimants attorneys to withdraw a claim petition during the pendency of a case with the intent of refiling it to prosecute at a later date.

By Christian Petrucci

5 minute read