Christian Petrucci

November 09, 2007 | Law.com

In a recent Pennsylvania case, the court held that an employer is not entitled to recoup an overpayment of indemnity benefits under the state's Workers' Compensation Act �413(a) unless an "incorrect agreement to modify" compensation benefits had been executed. The insurance company had mistakenly overpaid benefits based on an incorrect average weekly wage. Attorney Christian Petrucci notes that the facts of the case are fairly common, so workers' comp practitioners should be aware of the ruling.

By Christian Petrucci

5 minute read

December 13, 2007 | The Legal Intelligencer

On Dec. 5, the Pennsylvania Commonwealth Court settled a matter that has been the subject of intense debate since the Act 44 amendments to the Workers' Compensation Act in 1993: Does a utilization review request apply to a certain type of treatment in general, or simply to a specific health care provider?

By Christian Petrucci

7 minute read

April 13, 2006 | The Legal Intelligencer

One of the most frustrating aspects of workers' compensation practice is the amount of time a client must wait before being compensated following a work injury, if he is forced to pursue a claim petition to its conclusion. The litigation of the case itself can take years, and while the bureau has taken great measures in recent years to reduce the duration of each case, a mere month without an income can wreak financial ruin on an injured worker.

By Christian Petrucci

8 minute read

January 14, 2010 | The Legal Intelligencer

Section 306(f.1)(8) of the Worker's Compensation Act provides that if the employee refuses reasonable medical treatment, he shall forfeit "all rights to compensation for any injury or any increase in his incapacity shown to have resulted from such refusal."

By Christian Petrucci

6 minute read

February 11, 2011 | The Legal Intelligencer

Last year, the Commonwealth Court decided the matter of Fitzgibbons v. WCAB (City of Philadelphia), which held that an injured worker has three years from the last date of payment of compensation to file a petition to review the description of injury.

By Christian Petrucci

6 minute read

July 13, 2006 | The Legal Intelligencer

On June 26, the Pennsylvania House of Representatives passed 197-0, a bill negotiated between the Pennsylvania Trial Lawyers Association and the Chamber of Commerce. The bill has now being considered in the Senate. While much of the bill is mundane, some of the highlights are significant.

By Christian Petrucci

5 minute read