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PA Physical Therapy Ass'n v. Oleksiak

The Department of Labor changed the codes associated with physical therapy evaluations under the Commonwealth's Worker's Compensation Program. Because a schedule sets the payments to service providers like physical therapists, the alteration had to be characterized as new codes or simply a change to the prior one. A hearing examiner…

PA Physical Therapy Ass’n v. Oleksiak
Pennsylvania Commonwealth Court

The Department of Labor changed the codes associated with physical therapy evaluations under the Commonwealth’s Worker’s Compensation Program. Because a schedule sets the payments to service providers like physical therapists, the alteration had to be characterized as new codes or simply a change to the prior one. A hearing examiner determined that the codes were… Continue reading PA Physical Therapy Ass’n v. Oleksiak

Raymour & Flanigan v. Workers’ Comp. Appeal Bd. (Obeid)
Pennsylvania Commonwealth Court

The Pennsylvania Commonwealth Court dealt with an issue of first impression: “Whether Employer, which had filed a notice of temporary compensation payable paying indemnity benefits, was at the time it filed a medical-only notice of compensation payable to stop paying indemnity benefits also required to file a notice stopping temporary compensation payable and a notice… Continue reading Raymour & Flanigan v. Workers’ Comp. Appeal Bd. (Obeid)

Hutchinson v. Annville Twp. (Workers’ Comp. Appeal Bd.)
Pennsylvania Commonwealth Court

The Pennsylvania Commonwealth Court revisited Protz v. Workers’ Compensation Appeal Board (Derry Area School District), 124 A.3d 406 (Pa. Cmwlth. 2015) (“Protz I“), aff’d, 161 A.3d 827 (Pa. 2017) (“Protz II“) for the first time since . . . last week. Here, the claimant began receiving workers’ compensation benefits due to a work-related accident that… Continue reading Hutchinson v. Annville Twp. (Workers’ Comp. Appeal Bd.)

Riley v. Workers’ Comp. Appeal Bd.
Pennsylvania Commonwealth Court

An en banc panel of the Pennsylvania Commonwealth Court reaffirmed the holding that “the ruling in Protz II was not intended to be given a fully retroactive effect without regard to the statute of repose in Section 413(a) of the Workers’ Compensation Act” (“the Act”). As the result of an Impairment Rating Evaluation (“IRE”) in… Continue reading Riley v. Workers’ Comp. Appeal Bd.

Gleason v. Alfred I. DuPont Hosp. For Child.
Pennsylvania Superior Court

A technician was injured while repairing an MRI machine at the DuPont Hospital. He worked for a third-party contractor who maintained the machines for the hospital. His employer’s workers’ compensation provider paid close to $1 million in benefits. The instant case is the technician’s and his wife’s negligence suit against the hospital and related parties.… Continue reading Gleason v. Alfred I. DuPont Hosp. For Child.

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

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

Stewart v. Workers’ Comp. Appeal Bd. (Stewart)
Pennsylvania Commonwealth Court

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… Continue reading Stewart v. Workers’ Comp. Appeal Bd. (Stewart)

Richter v. Oakland Bd. of Educ.
New Jersey Supreme Court

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… Continue reading Richter v. Oakland Bd. of Educ.

SEPTA v. Workers’ Comp. Appeal Bd. (Hansel)
Pennsylvania Commonwealth Court

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… Continue reading SEPTA v. Workers’ Comp. Appeal Bd. (Hansel)

Mercer v. Newell
Pennsylvania Superior Court

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… Continue reading Mercer v. Newell