We often see cases addressing whether a work injury in Pennsylvania was suffered while the injured worker was in the “scope and course” of his or her job. Usually, this situation falls into one of two categories – either whether it is part of the commute to or from work,…
We have previously discussed Impairment Rating Evaluations (IREs), the tool insurance carriers use to change the status of injured workers in PA from total to partial disability. Unless strict time periods are obeyed, the insurance carrier has the burden to file a Petition for Modification, and prove the injured worker…
On many occasions, we have discussed whether an injury was suffered in the “scope and course” of employment, thus falling under the coverage of the Pennsylvania Workers’ Compensation Act. Ordinarily, the commute to or from the workplace is not within the scope and course of the job (known as the…
When an injured worker in Pennsylvania goes back to work, at least with restrictions, he or she has some protection if the work comes to an end. An issue recently addressed by the Commonwealth Court of PA is whether the job one looks at (to determine whether there are physical…
We have often discussed the right of an injured worker in Pennsylvania to have medical treatment for his or her work injury. The general rule is that medical treatment is covered by the Pennsylvania Workers’ Compensation Act if such treatment is not only reasonable and necessary, but is also related…
A frequent topic on our blog is whether a work injury has been suffered in Pennsylvania while the injured worker is in the “scope and course” of his or her employment. These issues often involve an injury taking place on the commute to or from work. As a general rule,…
Previously, we discussed the Commonwealth Court of Pennsylvania decision in School District of Philadelphia v. Workers’ Compensation Appeal Board (Hilton), wherein the Workers’ Compensation Judge (WCJ) granted a Claim Petition, but then suspended benefits due to a job offer, despite the absence of a Notice of Ability to Return to…
To have a workers’ compensation case in Pennsylvania, one must suffer an injury while in the scope and course of employment. That phrase, “scope and course,” is not specifically stated in the Pennsylvania Workers’ Compensation Act, but is a creation of courts, over the years, interpreting the Act. We have…
Several years ago, injured workers in PA were benefited by the decision of the Supreme Court of Pennsylvania in the case of Lewis v. Workers’ Compensation Appeal Board. This case held that a workers’ comp insurance carrier in PA had to prove there was a change of condition of the…
As we have discussed in the past, Workers’ Compensation Judges (WCJs) in PA have the ultimate say on which witnesses are credible and which are not. Upon appeal, these determinations cannot be challenged. Instead, appellate courts in Pennsylvania can only review whether there has been an error of law, or…