News & Analysis as of

Workers’ Compensation Appeals Board (WCAB) Workers' Compensation Claim

Marshall Dennehey

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

Marshall Dennehey on

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

Marshall Dennehey

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

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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

Laughlin, Falbo, Levy & Moresi LLP

The Duty to Investigate: Applicant’s Attorneys’ New “Gold Mine” in CCR §10109(a)

It is well-established that the purpose of the workers’ compensation system is to provide benefits to employees who suffer on-the-job injuries or certain work-related illnesses. To adhere to the purpose of the workers’...more

Marshall Dennehey

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

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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

Marshall Dennehey

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

Marshall Dennehey on

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

Laughlin, Falbo, Levy & Moresi LLP

LFLM LAW with L.A.W - Remote Trials

Welcome to LFLM LAW with L.A.W. - the podcast that dives deep into the intricacies of workers' compensation cases. Our host is Lindsay Wagenman, a Partner in our San Francisco office. In this episode, Mark Turner, a partner...more

Laughlin, Falbo, Levy & Moresi LLP

Time for the WCAB to Act on Petitions for Reconsideration

Do you have any cases that have been pending on Reconsideration and remain unresolved for what you believe to be an unreasonable period of time? If so, you should be aware that ongoing delays issuing decisions at the WCAB...more

Chartwell Law

Commonwealth Court Agrees Benefits Should Be Terminated When Defendant’s Medical Expert Does Not Specifically Address Accepted...

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In an unreported opinion, the Pennsylvania Commonwealth Court has ruled that an employer’s medical expert presented on a pending termination petition does not have to testify that the claimant is fully recovered from a...more

Weber Gallagher Simpson Stapleton Fires &...

Recent Pennsylvania Supreme Court Decision Allows Employers to Pull a TNCP and File a Medical-Only NCP

Nationwide among the claims and risk management community, Pennsylvania is known as being a forms-intensive state. But the Commonwealth just became slightly less forms-intensive with the recent Pennsylvania Supreme Court...more

Goldberg Segalla

Recent California WCAB Panel Decision Creates Hidden Exposure to Post-Settlement Penalties and Interest

Goldberg Segalla on

Key Takeaways - When settling, ask your attorney to include specific settlement terms that resolve claims of interest and penalties that might otherwise accrue post-court order approving settlement and post-court order...more

Chartwell Law

Pennsylvania Commonwealth Court Decision Highlights the Necessity of Addressing a Changing Injury Description During Termination...

Chartwell Law on

In City of Allentown v. WCAB (Bryant, Jr.) No. 593 C.D. 2020, a recent Pennsylvania Commonwealth Court decision affirmed the WCJs denial of a Petition to Terminate, as employer failed to prove that claimant was fully...more

Chartwell Law

An Overview of Connecticut Workers' Compensation

Chartwell Law on

Chartwell Law's Adam J. Harrison, Esq. and Jamie Spiller Kaplan, Esq. present this informative webinar addressing the fundamentals of Connecticut workers' compensation and cover: • Defining work related injuries, types of...more

Chartwell Law

A General Overview of Maryland Workers' Compensation

Chartwell Law on

Chartwell Law's John T. Huskin, Jr., Esq. and Steve R. Tregea, Esq. present this informative webinar addressing the fundamentals of Maryland workers’ compensation and cover: • What is a compensable claim • Jurisdictional...more

Chartwell Law

The Dangers of Untimely Filings – What Employers Need to Know

Chartwell Law on

In Gabriel v. WCAB (Procter and Gamble Products Company), the Commonwealth Court of Pennsylvania reversed WCJ and WCAB rulings and awarded unreasonable contest counsel fees for an employer’s failure to issue a Bureau document...more

Haight Brown & Bonesteel LLP

AB 203: How Global Climate Change and Valley Fever Impact Workers’ Compensation

According to a recent University of California Irvine study, scientists predict that with increasing temperatures and shifting precipitation patterns associated with client change, the incidence of human coccidioidomycosis...more

Chartwell Law

Pennsylvania Course and Scope: A Follow-Up to the Warning Against the Geography Rule

Chartwell Law on

As previously noted, the Supreme Court has identified that there are issues with the Commonwealth Court’s July 2019 opinion in Peters v. WCAB (Cintas). Essentially, disregarding the breadth of caselaw on the topic of course...more

Haight Brown & Bonesteel LLP

WCAB Declares Intent to Invalidate Administrative Director’s Jurisdiction to Adjudicate SJDV

On January 13, 2020, the Workers’ Compensation Appeals Board (WCAB or Board) issued an en banc affirmation of its July 31, 2018 Opinion and Decision After Reconsideration and gave the California Administrative Director of the...more

Haight Brown & Bonesteel LLP

Bill Collections Fail With Neglect Of WCAB Administrative Directions

In Meadowbrook Insurance Co. v. Workers’ Compensation Appeals Board (WCAB) (DFS Interpreting), No. C088882, November 21, 2019, the Court of Appeal for the 3rd District of California held that an interpreter company’s failure...more

Haight Brown & Bonesteel LLP

Appeals Board Clarifies Medical-Legal Lien Burden of Proof

The Workers’ Compensation Appeals Board (WCAB) issued a unanimous en banc decision on November 14, 2019 clarifying what the initial burden of proof is for a medical-legal lien claimant and what are defendant’s obligations in...more

Haight Brown & Bonesteel LLP

CIGA Frustrated By Special Employee Contract Terms

In Travelers Property Casualty Co. of America v. WCAB (CIGA) (Filed 9/18/19; Certified for Publication 10/2/19), the Court of Appeal for the 2nd District of California determined that in a workers’ compensation policy the...more

Haight Brown & Bonesteel LLP

Lost Time For Treatment May Not Be Compensable

The Court of Appeal has ruled that the grand bargain underpinning the workers’ compensation system does not envision paying indemnity for medical appointments taking place without temporary disability. Renee Skelton v....more

Haight Brown & Bonesteel LLP

Everybody’s Working for the Weekend, But Not on a Saturday According to Labor Code

In its recent significant panel decision, Puni Pa’u v. Department of Forestry/Cal Fire (Filed 09/11/2019), the Workers’ Compensation Appeals Board (WCAB) concluded that Saturday is not a working day when applying Labor Code...more

Chartwell Law

Course and Scope: Don’t Fall Victim to the Geography Rule

Chartwell Law on

In Peters v. WCAB (Cintas Corp), No. 1835 C.D. 2017, the Commonwealth Court was tasked with deciding another traveling employee course and scope issue and they seemed to establish a bright line rule, based solely on...more

Haight Brown & Bonesteel LLP

WCAB analysis may invite a wave of new litigation

In Wilson v. State of California Department of Forestry and Fire Protection, the WCAB held that multiple factors must be considered by a court making a determination whether an injury is catastrophic and qualifies for an...more

Chartwell Law

Determining the First Day of Disability

Chartwell Law on

Valley Stairs and Rails v. WCAB (Parsons), No. 110 C.D. (Cmwlth Ct. 2019) - In Valley Stairs, the Commonwealth Court addressed the issue of the date a claimant’s workers’ compensation benefits become payable, under Section...more

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