I have not been able to prepare posts to Pennsylvania Workers’ Compensation Journal for some time. My Twitter list workers-compensation has a lot of good sources. The link to Twitter is down the page on the right.
Robert Vonada
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http://www.pawcj.com/
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Decedent in Home Office Was Not in Course of Employment if on Personal Comfort Break
By Unknown
In Werner v. WCAB (Greenleaf Service Corporation) the decedent had a home office. The claimant surviving spouse found the decedent unresponsive in his home office desk chair. The decedent suffered a massive intracranial hemorrage. The evidence indicated the decedent fell on his outside steps, then went in an upstairs bathroom before going down to his…
Claimant Who Returns to Light Duty and is Dismissed for Concealing Employment During Disability is Not Entitled to Reinstatement.
By Unknown
In Sauer v. Workers’ Compensation Appeal Board (Verizon Pennsylvania, inc.) the Claimant returned to light duty on August 16 and a notification of suspension was issued. On August 17, the Claimant and his union representative were shown surveillance of the Claimant doing various work during his period of disability. The Claimant had reported no earnings…
Adult Stem Cell Treatment of Degenerative Disc Disease
By Unknown
A company experimenting in adult stem cell treatment of degenerative disc disease has announced a successful phase 2 clinical trial. The procedure injects mesenchymal precursor cells into damaged intervertebral discs. The company reported that in the clinical trial the subject disc demonstrated reversal of the degenerative process, regrowth of disc cartilage, and sustained normalization…
Commonwealth Court Holds Three Year Filing Limitation in Second Paragraph of Section 413 Applies to Entire Section
By Unknown
In Fitzgibbons v. WCAB(City of Philadelphia) the Claimant had a May 4, 1997 injury described on a notice of compensation payable as epicondylitis of the left elbow. Benefits were suspended upon her July 13, 1998 return to work without loss of earnings. On August 26, 2002 she filed a review and reinstatement petition seeking to…
Commonwealth Court Reverses Award Based on Lack of Notice
By Unknown
In Allegheny Ludlum Corporation v. WCAB(Holmes) the Claimant worked in metatarsal boots with steel up above the ankle. Her foot problems began in 1994. She had surgeries and periods of disability when she collected sickness and accident benefits. She went off work for the last time prior to filing her claim petition on June 11,…
2006 Life Tables Published – CMS Requires Use of 2006 Table After July 19
By Unknown
The National Center for Health Statistics has published the 2006 Life Tables. These are the most up to date life tables for use in Sciarotta calculations. The Centers for Medicare & Medicare Services published an update advising any Workers Compensation Set Aside Proposal submitted after July 19, 2010 should use Table 1: Life table…
PBS Frontline Article
By Unknown
Cameras in the Courtroom and Justice
By Unknown
Cameron Stracher, a New York writer and media lawyer wrote Who’s Afraid of Cameras in the Courtroom, an opinion piece for the Wall Street Journal, on July 2. Mr. Stracher argues the prohibition of audio and video recording in the courtroom is over broad and inconsistent with the non-stop media coverage of trials outside…
Commonwealth Court Modifies Benefits of Claimant Who Applied For And Did Not Get Jobs in Labor Market Survey
By Unknown
In Phoenixville Hospital v. WCAB (Shoap) the Claimant received a Notice of Ability to Return to Work sometime after a May 9, 2007 IME. In July the Claimant received a Labor Market Survey (LMS) listing three jobs. The jobs were open and available on May 21, June 5 and June 11. The Claimant applied for…