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…
When litigation begins in a workers’ compensation case in Pennsylvania, by law, a “Mandatory Mediation” must be conducted (unless such a mediation would be “futile.”). The guidelines for these Mandatory Mediations can vary by the hearing office involved (generally, each county in Pennsylvania has a workers’ compensation hearing office). Recently,…
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…
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…