Monday, July 25, 2022

 

Recent PENNSYLVANIA SUPREME COURT Petition for Allowance of Appeals

WORKERS' COMPENSATION CASES - DENIED; listed by date of Order

July 12 2022    

Kamp v. WCAB (Green Acres Contracting Co.) No. 1275 C.D. 2020

Published Opinion filed : January 21, 2022

WCJ denied Claimant’s Review petition seeking to limit the subrogation interest of Employer. Claimant argued Section 319 violates PA Constitution.

WCAB and Commonwealth Court affirmed.


July 12 2022      

Blythe v. WCAB (City of Chester) No.  437 C.D. 2021

Memorandum opinion filed: December 29, 2021

Employer was entitled to pension credit offset.

 

July 6 2022

Adams v. WCAB (School District of Philadelphia) No. 1060 C.D. 2020

Memorandum opinion filed: March 30,  2022.

IRE - Reinstatement date is as of filing date of Claimant petition to Reinstate

 

July 6 2022

Eastman Kodak v. WCAB ( Smith)

Memorandum opinion filed: December 23, 2021

IRE - Reinstatement date is as of filing date of Claimant petition to Reinstate

 

July 7 2022

Raymour & Flanigan v. WCAB (Obeid)

Published Opinion filed : August 16, 2021

An Employer may file a “Medical Only” NCP to change the benefit status of the injured worker.

Changing the benefit status after NTCP does not require “Notice Stopping” and “Notice of Denial”.

 

June 22 2022

Pullin v. WCAB (S.D. of Philadelphia) 727 C.D. 2021

Memorandum opinion filed: December 22, 2021

IRE – reinstatement date is as of filing date of Claimant petition to Reinstate.

 

June 22 2022

Regan v. WCAB (City of Philadelphia) : No. 1277 C.D. 2020

Memorandum opinion filed: December 13, 2021

Firefighter cancer claim; Claimant not meet burden to establish general causation, the burden of proof did not shift to Employer.

   

June 15 2021     

Hughes v. WCAB (Wawa Inc.) No. 333 C.D. 2021

Order to Publish filed February 28, 2022:

Memorandum opinion filed: December 13, 2021

Post C&R Utilization Review of excessive Oxycontin prescriptions concluded ongoing use was not Reasonable or Necessary.

 

June 7 2022

Haplin v. WCAB (City of Philadelphia) 647 C.D. 20221

Memorandum opinion filed: December 13, 2021

WCJ Reinstatement of benefits was reversed on appeal as Claimant made a unilateral mistake in interpretation of the stipulation

he entered into to suspend his benefits and relinquish future rights of reinstatement.

 

June 7 2022

Hutchinson v. WCAB (Annville Township) Nos. 16 & 17 C.D. 2021

Published Opinion filed August 9, 2021

IRE - Reinstatement date is as of filing date of Claimant petition to Reinstate