City of Johnstown v. Workers’ Comp. App. Bd. (Sevanick)

The Pennsylvania Supreme Court reconciled competing interpretations of the Workers’ Compensation Act as it relates to the timeliness of claims for firefighters suffering from certain work-related cancers. Section 301(c)(2) of the Act provides that a compensable injury includes death or disability caused by occupational diseases. That same section requires that when a claim is based … Read more

Stewart v. Workers’ Comp. Appeal Bd. (Stewart)

The Pennsylvania Commonwealth Court reversed an order of the Workers’ Compensation Appeal Board that denied the claimant’s petition seeking compensation after he fell from a shuttle, which took him from the train station to the building where he worked. The Commonwealth Court found that the claimant was acting within the course and scope of his … Read more

Richter v. Oakland Bd. of Educ.

Plaintiff, a longtime type 1 diabetic and teacher, experienced a hypoglycemic event in a classroom. She sustained serious and permanent life-altering injuries. Plaintiff sued under the Law Against Discrimination (LAD), alleging that her employer failed to accommodate her pre-existing disability. The NJ Supreme Court addressed two issues and held: (1) an adverse employment action is … Read more

SEPTA v. Workers’ Comp. Appeal Bd. (Hansel)

In SEPTA v. Workers’ Comp. Appeal Bd. (Hansel), Employer petitioned for review of a decision that granted Claimant’s fatal claim petition related to the suicide of her husband (Decedent). Employer argued the Workers’ Compensation Judge (WCJ) erred in concluding that Decedent’s suicide was unintentional and, therefore, not compensable. Employer also argued that the WCJ erred … Read more

Mercer v. Newell

In Mercer v. Newell, the Pennsylvania Superior Court reversed an order of the Court of Common Pleas sustaining the defendants’ preliminary objections and granting a demurrer in this asbestos-related suit. Here the plaintiff claimed that his employer withheld information about a doctor’s recommendation that there was elevated lead and zinc in the plaintiff’s blood. The … Read more

Gillen v. Workers’ Comp. Appeal Bd. (Pa. Turnpike Comm’n)

In Gillen v. Workers’ Comp. Appeal Bd. (Pa. Turnpike  Comm’n), Claimant sought review of the Workers’ Compensation Appeal Board’s (Board) denial of his petition to review compensation benefit offset and petition for penalties filed against the Pennsylvania Turnpike Commission. Sitting en banc, the Pennsylvania Commonwealth Court affirmed the Workers’ Compensation Judge’s ruling that Section 204(a) … Read more

Berkebile Towing and Recovery v. Workers’ Comp. Appeal Bd.

In Berkebile Towing and Recovery v. Workers’ Comp. Appeal Bd., a towing company appealed from the order that found Mr. Harr was an employee rather than an independent contractor and, therefore, awarded fatal claim benefits. The Pennsylvania Commonwealth Court affirmed and held that, under the facts as found by the Workers’ Compensation Judge, the company’s … Read more

Cty. of Allegheny v. Workers’ Compensation Appeal Board (Butkus)

In Cty. of Allegheny v. Workers’ Compensation Appeal Board (Butkus), the Pennsylvania Commonwealth Court reviewed an order of the Workers’ Compensation Appeal Board, which granted Butkus’s Petition to Modify Compensation Benefits (Modification Petition) in which he sought to change his partial disability status to total disability. The Court first held that the legislature intended to … Read more

W. Penn Allegheny Health Sys., Inc. v. Workers’ Comp. App. Bd.

In W. Penn Allegheny Health Sys., Inc. v. Workers’ Comp. App. Bd., the Pennsylvania Commonwealth Court heard a petition from an order of the Workers’ Compensation Appeal Board. The Court reversed the Board’s order to the extent that it affirmed the WCJ’s determination that the short-term disability benefits Claimant received were to be credited to … Read more

Hager v. M&K Construction

In Hager v. M&K Construction, the New Jersey Supreme Court considered M&K Construction’s challenges with regard to a workers’ compensation court’s order that M&K reimburse Hager for the ongoing costs of the medical marijuana he was prescribed after sustaining a work-related injury while employed by M&K. The Court affirmed, holding that M&K did not fit … Read more