Generally, for most employees, the commute to and from work is not a time in which the employee is covered under the Pennsylvania workers’ compensation system (this is known as the “going and coming rule”). As with many of the principles we touch on with this blog, there are exceptions. …
Once an injured worker in Pennsylvania begins to receive workers’ compensation benefits, an insurance carrier can only stop making those payments under certain circumstances. If the benefits are being paid under a Notice of Temporary Compensation Payable (NTCP), then the insurance carrier can simply withdraw the NTCP, issue a Notice…
As we discussed back in September, the Commonwealth Court of Pennsylvania rendered an important decision for the IRE process when the Court decided the matter of M.A. Protz v. Workers’ Compensation Appeal Board (Derry Area SD). The delegation of power by the PA legislature, as we noted, was found to…
In many situations in life, things make sense. This is not always true in law. For example, a reasonable person may conclude that a “Notice of Denial” would be issued when a claim is “denied.” How silly that person would feel to know that Pennsylvania Courts find it perfectly acceptable…
As we have addressed in the past, the Pennsylvania Workers’ Compensation Act applies to most “employees” in the State of Pennsylvania. It does not, however, apply to “independent contractors.” Often the line of demarcation between the two classes is blurry. It becomes even more blurry when the findings of a…
Back in June, 2015, we discussed the case of Duffey v. Workers’ Compensation Appeal Board (Trola-Dyne, Inc.). Here, the Commonwealth Court of Pennsylvania found an Impairment Rating Evaluation (IRE) still valid, even though not all accepted injuries were included. An IRE, as you can read on our website, changes the…
To win a Claim Petition in Pennsylvania, an injured worker must prove that the alleged work injury was caused by the work activities. This is usually done through the testimony of the injured worker. However, what about in the situation where the work injury is fatal, leaving nobody with direct…
Unless a PA workers’ compensation claim is litigated, an injury is typically accepted by the workers’ compensation insurance carrier via a Notice of Compensation Payable (NCP) or Notice of Temporary Compensation Payable (TNCP). If an NCP, or a TNCP, is issued by the insurance company, they have the ability to…
We have discussed the concept of providing notice of a work injury to one’s employer before on this blog. As a basic rule, notice of a work injury in Pennsylvania must be provided within 120 days of the injury. This can get a bit tricky when we are dealing with…
It is not uncommon for an injured worker to move from the Commonwealth of Pennsylvania to another State for a variety of reasons. Depending on the situation, such a move may have varying degrees of impact on a workers’ compensation case. Recently, the Commonwealth Court of Pennsylvania thankfully held that…