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

Goulding v. NJ Friendship House, Inc.

In Goulding v. NJ Friendship House, Inc., the New Jersey Supreme Court reviewed a workers’ compensation court’s ruling in favor of an employer after an employee was injured during the company’s “Family Fun Day”. The Court ruled that N.J.S.A. 34:15-7 sets out a two-element test to determine if an employer is liable for an employee’s injury … Read more

Lapsley v. Twp. of Sparta

In Lapsley v. Twp. of Sparta, the Appellate Division reviewed an award of the Division of Workers’ Compensation for injuries suffered by a public librarian when she was struck by a snowplow while leaving work. The Workers’ Compensation judge held that the injury occurred on the employer’s premises because the librarian was in a parking … Read more

Sadler v. Workers’ Comp. App. Bd.

In Sadler v. Workers’ Comp. App. Bd., the Pennsylvania Supreme Court determined that the Workers’ Compensation Act permits beneficiaries to receive benefits while in pre-conviction incarceration. In this case, the employee was injured, and the employer acknowledged he was entitled to a weekly disability wage. But soon thereafter, the employee was arrested. Unable to post … Read more

Wilson v. Dir., Off. of Workers’ Comp. Programs

The 3rd Circuit appears to have closed out 2020 with a bang: it changed the style of its opinions. It’s first published opinion under the new format is Wilson v. Dir., Off. of Workers’ Comp. Programs. That case deals with the hot-button issue of what constitutes “navigable waters” under the Longshore and Harbor Workers’ Compensation … Read more

Dobransky v. EQT Production

In Dobransky v. EQT Production, the Superior Court ruled that a person who merely drives a truck to deliver a single raw material to a well site is not a person whose work consists of “the removal, excavation, or drilling of soil, rock, or minerals” within Section 302(a) of the Workers’ Compensation Act.

Hocutt v. Manda Supply Co.

In Hocutt v. Manda Supply Co., the Appellate Division affirmed an order granting summary judgment. Because the plaintiff was a “special employee,” the exclusive remedy for his workplace injury was workers’ compensation. Moreover, the defendant’s alleged conduct was not excepted from workers’ compensation because the conduct was not sufficiently egregious to rise to the level … Read more