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Articles Posted in Case Law Update

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Notice of a Work Injury in PA Must Inform Employer of “the Possibility (an Injury) was Work-Related.”

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…

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Moving Out of Pennsylvania Not Fatal to Continued Receipt of PA Workers’ Compensation Benefits

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…

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PA Supreme Court Addresses Requirement Injured Worker Had To Be On Employer’s Premises At Time Of Injury

As our loyal readers know by now, an injury in Pennsylvania is covered by the PA Workers’ Compensation Act (Act) if the injury is suffered “in the furtherance of the employer’s business or affairs, regardless of whether the injury occurred on the employer’s premises” [presuming the employee is not subject…

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Claim Petition Needed to Get Wage Loss Benefits from Medical-Only Notice of Compensation Payable

In 2004, the Pennsylvania Bureau of Workers’ Compensation created the medical-only Notice of Compensation Payable (NCP).  This addressed a long-standing practice in the insurance industry of using a Notice of Denial (NCD) to accept a claim solely for medical benefits.  For years, we have questioned the procedure an injured worker…

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Franchisor Not “Statutory Employer” in PA Workers’ Compensation

From time to time in a Pennsylvania workers’ compensation case, the entity who is actually the “employer” for workers’ comp purposes is not clear. This is frequently due to the direct employer lacking PA workers’ compensation insurance coverage (which is against the law). When we face such a situation, often…

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Injured Worker Seeking Wage Loss After Medical-Only Notice of Compensation Payable Has Only Three Years to Do So

An injured worker in Pennsylvania generally has three years after the date of the injury to file a Claim Petition to seek workers’ compensation benefits for the injury. On the other hand, once an injury is accepted by the issuance of a Notice of Compensation Payable (NCP), and then wage…

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Impairment Rating Evaluation Portion of PA Workers’ Compensation Act Unconstitutional

We have discussed Impairment Rating Evaluations (IRE) many times on this blog. Indeed, IREs are so prevalent in the Pennsylvania’s workers’ compensation system, we even have a page devoted to the IRE process on our website. However, a decision by the Commonwealth Court of Pennsylvania may change IREs in PA…

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Injury Outside Pennsylvania Can Be Difficult To Have Covered By PA Workers’ Compensation

Injuries which occur within the State of Pennsylvania fall under the jurisdiction of the Pennsylvania Workers’ Compensation Act [Act] (unless the employee is excluded for another reason, such as being a Federal or Military employee). However, injuries which take place outside PA may still be covered under the Act if…

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Claims Against Uninsured Employers’ Guaranty Fund Not Defeated Easily

We have discussed the Uninsured Employers Guaranty Fund (UEGF) on this blog before. This is the Fund that was created in 2007 to provide benefits to injured workers when an employer fails to carry Pennsylvania workers’ compensation insurance (in direct violation of PA law). Though the UEGF has now been…

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Injured Worker Not “Independent Contractor” As No Written Agreement In Place

One of the basic concepts of a workers’ compensation case in Pennsylvania, is that the injured worker actually be an employee. A person truly working as an “independent contractor” is not covered by the Pennsylvania Workers’ Compensation Act (Act). How someone becomes an “independent contractor,” at least for PA workers’…

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