Francis Wickersham at Marshall Dennehey

Commonwealth Court Affirms Denial of Reinstatement and Penalty Petitions in COVID-19 Workers’ Compensation Case

William Bolds v. City of Philadelphia (WCAB); No. 488 C.D. 2024; filed February 25, 2025; Senior Judge Leavitt - A former police officer’s attempt to reinstate workers’ compensation benefits following a COVID-19 diagnosis was...more

4/14/2025 / Appeals , Coronavirus/COVID-19 , Employee Benefits , Employee Rights , Employer Liability Issues , Employment Litigation , State Labor Laws , Workers' Compensation Claim , Workers’ Compensation

Claimant’s Appeal Was Insufficient, Workers’ Compensation Judge’s Wage Reduction Stands

Bob Evans Restaurants LLC v. Robert Schriver (WCAB); No. 158 C.D. 2024; filed March 11, 2025; Senior Judge Leavitt - The Commonwealth Court reversed a decision by the Workers’ Compensation Appeal Board, reinstating a judge’s...more

4/11/2025 / Compensation & Benefits , Employee Benefits , Employer Liability Issues , Employer Responsibilities , State Labor Laws , Wage and Hour , Wages , Workers’ Compensation , Workplace Injury

Where a Claimant Seeks to Add a Distinct, Consequential Injury to Notice of Compensation Payable and to Reinstate Indemnity...

Matthew Grow v. PECO Energy Company (WCAB); No. 63 C.D. 2024; filed January 8, 2025 - The claimant sustained a work injury to his neck in 2013. After he returned to work in January 2014, his benefits were suspended. Later, in...more

2/28/2025 / Compensation & Benefits , Disability , Employees , Employment Litigation , Indemnity , Reinstatement , State Labor Laws , Workers' Compensation Claim , Workers’ Compensation , Workers’ Compensation Appeals Board (WCAB) , Workplace Injury

Claimant’s Receipt of Administrative Time While Out Due to COVID-19 is Not Payment in Lieu of Workers’ Compensation Benefits

Jaime Brown v. City of Philadelphia (WCAB); No: 465 C.D. 2024; filed January 17, 2025 - In November 2020, the claimant, a police officer, was out of work for a physical injury. He returned to restricted-duty work on November...more

2/28/2025 / Coronavirus/COVID-19 , Employee Benefits , Wage and Hour , Workers' Compensation Claim , Workers’ Compensation , Workers’ Compensation Appeals Board (WCAB)

Pennsylvania Supreme Court Holds That the Compensation Rate for Specific Loss Benefits is Controlled by Section 306(c) of the Act,...

Jennifer Jackiw v. Soft Pretzel Franchise (WCAB); No. 3 EAP 2024; decided January 22, 2025 - This case involved a claimant who crushed her arm in a pretzel machine while working for the employer. Eventually, she needed to...more

2/28/2025 / Bodily Injury , Compensation & Benefits , Disability , Disability Benefits , Employment Litigation , Pennsylvania , State Labor Laws , Workers' Compensation Claim , Workers’ Compensation , Workplace Injury

Right to Subrogation for Medical Bill Payments Not Waived by Failing to Properly Preserve Issue at All Stages of Litigation,...

City of Philadelphia v. Wayne Deloatch and Independence Blue Cross (WCAB); Independence Blue Cross v. City of Philadelphia and Wayne Deloatch (WCAB); No. 541 C.D. 2022 and No. 589 C.D. 2022; Filed Dec. 24, 2024 - Wayne...more

2/27/2025 / Appellate Courts , Cancer , Compensation & Benefits , Employer Liability Issues , Insurance Claims , Insurance Litigation , Medical Bills , Occupational Exposure , Subrogation , Workers' Compensation Claim , Workers’ Compensation

Claimant’s Average Weekly Wage Was Properly Calculated Based on a 40-hour Work Week, Even Though He Only Worked a Total of 10 Days...

County of Allegheny v. Michael Marzano (WCAB); No 1111 C.D. 2022; filed Dec. 24, 2024 - The claimant was employed by the employer as a corrections officer. He filed a Claim Petition alleging that on July 27, 2018, he was...more

2/27/2025 / Bodily Injury , Collective Bargaining , Compensation & Benefits , Employee Benefits , Employees , Employment Litigation , Wage and Hour , Workers' Compensation Claim , Workplace Injury

Claimant’s Conversation With Fellow Firefighter About Act 46 Cancer Presumption Was Not the Date He Became Aware of His Cancer’s...

West Conshohocken Borough v. David Markland (WCAB); No. 1382 C.D. 2022; filed Jan. 2, 2025 - This case involved a Claim Petition filed based on an occupational disease. The claimant worked as a firefighter and filed an Act 46...more

2/27/2025 / Bodily Injury , Cancer , Claim Procedures , Disability Benefits , Employer Liability Issues , First Responders , Notice Requirements , Occupational Exposure , Permanent Disability , Workers' Compensation Claim

Employer’s Refusal to Compromise It’s Subrogation Lien During Pendency of a Tort Action Does Not Constitute Bad Faith Resulting in...

Martha Garduno Mondragon v. Jo Jo Pizza (WCAB); No. 174 C.D. 2024; filed Jan. 6, 2025 - This case involved a claimant who sustained work injuries as a result of a slip and fall on ice in the employer’s parking lot. A Claim...more

2/27/2025 / Attorney's Fees , Bad Faith , Bodily Injury , Contempt , Settlement , Slip and Fall , Subrogation , Workers' Compensation Claim , Workers’ Compensation , Workplace Injury

The Employers Were Not Required to Reimburse a DHS Lien for the Claimant’s Medical Treatment Until the Medical Providers Submitted...

Dura-Bond Coating, Inc. v. Ryan (WCAB); No. 1137 C.D. 2023, Filed November 18, 2024; Judge Covey - The claimant suffered amputations of both lower extremities. A workers’ compensation judge granted a Claim Petition and...more

1/28/2025 / Bodily Injury , Compensation & Benefits , Employer Liability Issues , Health Care Providers , Indemnification , Medical Expenses , Workers' Compensation Claim , Workplace Injury

Claimant’s Evidence Satisfied the Three-prong Test to Support the Section 301(F) Presumption That a Firefighter’s Chronic Myeloid...

Borough of Hollidaysburg v. Paul Detwiler (WCAB); No. 739 C.D. 2023; Filed November 19, 2024; Judge Wolf - The claimant was a firefighter who developed chronic myeloid leukemia that was diagnosed in 2014. He learned his...more

1/24/2025 / Cancer , Causation , Occupational Exposure , Toxic Chemicals , Toxic Exposure , Workers’ Compensation , Workplace Safety

Under Section 410 of the Act, the Claimant’s Widow Was Not Barred From Receiving a Workers’ Compensation Judge’s Award of Specific...

Elmer Riehl v. Beiler Brothers, LLC (WCAB); No. 1563 C.D. 2023; Filed November 18, 2024; Judge Fizzano Cannon - On October 11, 2011, the claimant sustained a work injury in the nature of incomplete tetraplegia (paralysis of...more

1/24/2025 / Disabilities , Employee Benefits , Employment Litigation , Temporary Total Disability , Workers’ Compensation , Workers’ Compensation Appeals Board (WCAB) , Workplace Injury

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

Francis Wickersham

Marshall Dennehey

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