Francis Wickersham at Marshall Dennehey

Top 10 Developments in Pennsylvania Workers’ Compensation in 2024

1. Commonwealth Court holds that an employer’s failure to reimburse a claimant for out-of-pocket payments for CBD oil is in violation of the Act. Schmidt v. Schmidt, Kirifides & Rassias, Pa. C. (WCAB), 305 A.3d 1137 (Pa....more

12/27/2024 / Commercial Truck Drivers , Compensation & Benefits , Health Insurance , Medical Expenses , Out-of-Pocket Expenses , Pennsylvania , Traveling Employee , Workers Compensation Act , Workers' Compensation Claim , Workers’ Compensation , Workplace Injury

Commonwealth Court Holds That Claimant Who Was Sole Proprietor is Required to Provide Notice of Work-related Injury to Workers’...

Erie Insurance Property & Casualty Company v. David Heater (WCAB), No. 148 C.D. 2023; filed May 29, 2024; President Judge Cohn Jubelirer - In this case, the claimant was the owner of the employer and the sole employee. He...more

10/8/2024 / Bodily Injury , Workers Compensation Act , Workers Compensation Board , Workers' Compensation Claim , Workplace Injury

Commonwealth Court Affirms Denial of Claim Petition That Alleged Occupational Disease of Lead Toxicity

Jerry Mercer v. Active Radiator MPN, Inc. (WCAB); No. 1326 C.D. 2023; filed June 3, 2024; Judge Fizzano Cannon - On August 24, 2018, the claimant advised the employer that he had sustained a work-related injury due to lead...more

10/8/2024 / Expert Testimony , Lead , Medical Experts , Occupational Exposure , Toxic Exposure , Workers' Compensation Claim , Workers’ Compensation , Workplace Injury

Pharmacy Staffed by Pharmacist Provided by an Employee Leasing Agency is a Provider as Defined by Section 109 of the Act. When a...

700 Pharmacy v. Bureau of Workers’ Compensation Fee Review Hearing Office & SWIF; No. 660 C.D. 2020; No. 617 C.D. 2020; filed May 16, 2024; President Judge Cohn-Jubelirer - In this case, 700 Pharmacy filed five Fee Review...more

8/27/2024 / Health Care Providers , Insurance Industry , Ownership Interest , Pharmacies , Pharmacist , Physicians , Self-Referral , Workers Compensation Act , Workers’ Compensation

Excluding Counsel Fees From Payment of Future Medical Benefits Based on Future Medical Expenses as Speculative is Contrary to Sec....

Patrice Williams v. City of Philadelphia (WCAB); No: 277 C.D. 2023; filed Mar. 21, 2024; Judge McCullough - In this case, a workers’ compensation judge granted in part and denied in part the claimant’s Petition to Review. The...more

7/30/2024 / Attorney's Fees , Medical Bills , Medical Expenses , Workers' Compensation Claim , Workers’ Compensation , Workers’ Compensation Appeals Board (WCAB) , Workplace Injury

Under Section 440 of the Act, an Unreasonable Contest Will Always Result in an Award of Attorney’s Fees and a Reasonable Contest...

Glenny Torres v. Amazon.com Services LLC (WCAB); No. 1398 C.D. 2022; filed Apr. 9, 2024; Judge Wallace - In this case, a workers’ compensation judge granted a Claim Petition and ordered payment of benefits for a September 17,...more

7/29/2024 / Attorney's Fees , Workers' Compensation Claim , Workers’ Compensation Appeals Board (WCAB) , Workplace Injury

Act 111 is Not an Unconstitutional Special Law Regulating Labor, and an IRE Physician’s Evaluation is Competent to Support a...

Stephen Conrad v. Department of Transportation (WCAB); No. 557 C.D. 2022; filed Feb. 26, 2024; Judge McCullough - The claimant underwent an Impairment Rating Evaluation (IRE) on September 20, 2011, following a July 5, 2005,...more

5/31/2024 / Constitutional Challenges , Disability , Disability Benefits , Impairment Rating Evaluations (IREs) , Reinstatement , Workplace Injury

Workers’ Compensation Appeal Board Violates Long-standing Workers’ Compensation Principles by Overturning Credibility Findings...

Katherine A. Lawry v. County of Butler (WCAB); No. 593 C.D. 2022; filed March 6, 2024; Judge Covey - The claimant suffered a work injury to her right thumb in the nature of a strain/sprain. The injury was later expanded by...more

5/31/2024 / Appeals , Burden of Proof , Workers Compensation Board , Workers' Compensation Claim , Workplace Injury

Injuries Sustained by a Claimant While Commuting Were Not Compensable Under the Act as the Claimant Was Not a Traveling Employee...

Jorge Martinez v. Lewis Tree Service (Workers’ Compensation Appeal Board); No. 298 C.D. 2023; filed Feb. 8, 2024; Senior Judge Leavitt - The claimant worked as a crew leader for the employer’s tree-trimming business. On...more

5/9/2024 / Car Accident , Commuting , Traveling Employee , Workers Compensation Act , Workers Compensation Board , Workers' Compensation Claim , Workplace Injury

Workers’ Compensation Appeal Board Did Not Err in Granting Employer’s Petition for a De Novo Hearing to Present After-discovered...

Bernice Bennett v. Jeld Wen, Inc. (WCAB); No. 1454 C.D. 2022; filed Oct. 6, 2023; President Judge Cohn Jubelirer (previously unreported and designated reported by Order dated Dec. 15, 2023) - The claimant settled a 2010 work...more

4/15/2024 / Compromise & Release , Physicians , Self-Referral , Workers' Compensation Claim , Workers’ Compensation Appeals Board (WCAB) , Workplace Injury

Although Claimant Cannot Be Working With a Concurrent Employer on Date of Work Injury With Another Employer, the Relationship With...

Resources for Human Development, Inc. and Gallagher Bassett Services v. Sherry Dixon (WCAB); No. 494 C.D. 2022; filed Dec. 20, 2023; President Judge Cohn Jubelirer - The claimant sustained an injury on December 29, 2018,...more

4/15/2024 / Compensation & Benefits , Wage and Hour , Workers' Compensation Claim , Workers’ Compensation Appeals Board (WCAB) , Workplace Injury

Bureau Directed to Identify and Publish in Pennsylvania Bulletin a Different, Nationally Recognized Schedule for Valuing...

Federated Insurance Company v. Summit Pharmacy (Bureau of Workers’ Compensation Fee Review Hearing Office); No. 115 C.D. 2023; filed Jan. 2, 2024; President Judge Cohn Jubelirer - A Fee Review Hearing Officer ordered the...more

4/11/2024 / Generic Drugs , Reimbursements , Workers' Compensation Claim , Workplace Injury

Commonwealth Court Holds That an Employer’s Failure to Reimburse a Claimant for Out-of-pocket Payments for CBD Oil is in Violation...

Schmidt v. Schmidt, Kirifides & Rassias, Pa. C. (WCAB); No: 1039 C.D. 2021; filed Nov. 14, 2023; Judge Covey - In this case, the claimant, an attorney, sustained a work injury on April 14, 2017, while loading files into a...more

3/25/2024 / Cannabidiol (CBD) oil , Cannabis Products , Dietary Supplements , Food and Drug Administration (FDA) , Prescription Drugs , Reimbursements , Workers' Compensation Claim , Workplace Injury

Commonwealth Court Holds That a Truck Driver Was Not Subjected to Abnormal Working Conditions From a Minor Truck Fire That Was...

Premium Transportation Staffing, Inc. v. Welker (WCAB); No. 1329 C.D. 2022; filed Nov. 30, 2023; Senior Judge Leavitt - In his Claim Petition, the claimant alleged he sustained Post Traumatic Stress Disorder (PTSD) in...more

3/22/2024 / Commercial Truck Drivers , PTSD , Trucking Industry , Workers' Compensation Claim , Workers’ Compensation , Working Conditions

A Decision Granting a Claim Petition, but Not Awarding Wage Loss Benefits, Was Supported by Substantial Competent Evidence and,...

Marie Dennis v. Inglis House (WCAB); No. 1223 C.D. 2022; filed Oct. 12, 2023; Sr. Judge Leavitt - The claimant, a certified nurse assistant, filed a claim petition alleging multiple work injuries, which occurred on January...more

12/19/2023 / Attorney's Fees , Denial of Benefits , Workers Compensation Board , Workers' Compensation Claim , Workers’ Compensation , Workplace Injury

Temporary Total Disability Benefits Were Properly Reinstated as of the Date Claimant Filed a Protz Constitutional Challenge, and...

Howard Dunetz v. Charles H. Sacks, D.M.D., P.C. (WCAB); No. 302 C.D. 2022; filed Oct. 26, 2023; Judge Cohn Jubelirer - The claimant sustained a work injury in May 2007. Subsequently, the status of his benefits was changed...more

12/19/2023 / Disability Benefits , Employee Benefits , Impairment Rating Evaluations (IREs) , Workers’ Compensation , Workplace Injury

Act 111, Which Enacted the Impairment Evaluation Provisions of Section 306(a.3) of the Pennsylvania Workers’ Compensation Act, is...

Jose Gonzalez v. Guizzetti Farms, Inc. (WCAB) and Guizzetti Farms, Inc. v. Jose Gonzalez (WCAB); No. 144 C.D. 2022; No. 286 C.D. 2022; filed Apr. 18, 2023; by Judge Ceisler (PREVIOUS NON-REPORTED OPINION) - In this case, the...more

9/28/2023 / Disability , Pennsylvania , Workers Compensation Act , Workers’ Compensation , Workplace Injury

What’s Hot in Workers’ Comp – Special PA Alert

Teresa Fegley, as Executrix of the Estate of Paul Sheetz v. Firestone Tire & Rubber (WCAB); No. 680 C. D. 2021; filed March 17, 2023; by Judge Covey AND Edward Appel v. GWC Warranty Corp. (WCAB); 824 C.D. 2021; filed March...more

3/30/2023 / Medical Marijuana , Reimbursements , Workers’ Compensation , Workplace Injury

Francis Wickersham

Marshall Dennehey

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