Workers' Compensation

Recent Posts

Pennsylvania: Employee’s Suicide Was Compensable
Posted on 3 Aug 2021 by Thomas A. Robinson

A decision of Pennsylvania’s Workers’ Compensation Appeal Board awarding death benefits to the surviving spouse and child of an employee who committed suicide was supported by substantial evidence in the record in spite of the fact that the... Read More

Pennsylvania: 18 Months of Home Remedies Do Not Constitute Medical Treatment
Posted on 28 Jul 2021 by Thomas A. Robinson

Where an employer’s examining physician opined that the workers’ compensation claimant had fully recovered from her injuries—the physician based his opinion, in large part, on the fact that claimant had not sought medical treatment from... Read More

Pennsylvania: Janitor’s Injury Near Building’s Entrance Not Barred by Going and Coming Rule
Posted on 28 Jul 2021 by Thomas A. Robinson

Applying the three-prong Slaugenhaupt test [see Slaugenhaupt v. United States Steel Corp. , 31 Pa. Commw. 329, 376 A.2d 271 (1977), the Commonwealth Court of Pennsylvania found that a janitor’s claim was not barred by the going and coming rule when... Read More

Pennsylvania: 120-Day Notice Period Does Not End on Sunday Even if Employer is Open for Business
Posted on 19 Jan 2021 by Thomas A. Robinson

That an employer operates its business on Sundays and, therefore, would have been able to receive a notice of injury by an injured employee on that day, has no effect on the 120-day notice period found in Section 311 of the Pennsylvania Workers’... Read More

Pennsylvania: Failure to Award Attorney's Fees Was Erroneous Where Employer Failed to File Notice of Compensation Payable in Timely Manner
Posted on 18 Oct 2020 by Thomas A. Robinson

Observing that the issue of whether an employer had reasonably contested a claim was a question of law fully reviewable by the appellate court, a Pennsylvania appellate court reversed a decision of the Appeals Board that rule an employer's contest... Read More

Pennsylvania: Protz Should Not Be Applied in "Fully Retroactive" Manner
Posted on 27 Jun 2020 by Thomas A. Robinson

The Pennsylvania Supreme Court's decision in Protz v. Workers’ Compensation Appeal Board (Derry Area School District) , 639 Pa. 645, 161 A.3d 827 (Pa. 2017)](" Protz II ), should be utilized in all cases still pending at the time it was... Read More

Pennsylvania: High Court Continues Broad Definition of Employer’s “Premises”
Posted on 19 Dec 2019 by Thomas A. Robinson

The Supreme Court of Pennsylvania continued to define an employer’s “premises” broadly, indicating the term must be understood to include any area that is integral to an employer’s business operations, including reasonable means... Read More

Pennsylvania: Suit by Borrowed Employee Against Borrowing Employer Barred
Posted on 20 Nov 2019 by Thomas A. Robinson

A Pennsylvania appellate court affirmed a trial court’s decision granting summary judgment to the defendant corporation on the basis of the state’s application of the so-called “borrowed employee” doctrine since the plaintiff had... Read More

Pennsylvania: “Protz Fix” Passes Constitutional Muster
Posted on 24 Oct 2019 by Thomas A. Robinson

Pennsylvania’s “ Protz Fix,” which amended the state’s Workers’ Compensation Act so as to require a physician’s use of the Sixth Edition of the AMA Guides to determine the respective level of impairment for an injured... Read More

PA: Where Occupational Disease Is Manifested Outside 300-Week Prescription Period, Civil Action Against Employer Is Not Barred by Exclusivity
Posted on 27 Nov 2013 by Larson's Spotlight

In a split decision, the Supreme Court of Pennsylvania recently held that claims for an occupational disease, in this case mesothelioma resulting from asbestos exposure, which manifested outside the 300-week period prescribed by the Workers' Compensation... Read More

PA: High Court Reverses Lower Court Decision That Denied State Trooper’s PTSD Claim
Posted on 8 Nov 2013 by Larson's Spotlight

In Pennsylvania, to establish a so-called “mental-mental” injury claim, the employee must demonstrate that the injury resulted from "abnormal working conditions.” Announcing that the Commonwealth Court had “strayed beyond... Read More

Pennsylvania: Shortness of Deviation Time Not Determinative to Claim
Posted on 16 Aug 2013 by Larson's Spotlight

Reversing a decision by the state's Workers' Compensation Appeal Board that, in turn, had affirmed a judge's award of workers' compensation benefits to a claimant who sustained serious injuries to his thumb when he stepped away from his... Read More

Pennsylvania: “Premises” Cannot Be Extended to Cover Slip & Fall on College Campus Walkway
Posted on 2 Aug 2013 by Larson's Spotlight

A Pennsylvania appellate court recently held that the state’s Appeal Board erred when it awarded workers’ compensation benefits to a painter injured in a fall as he walked toward a train station at the end of his workday. A painting contractor... Read More

Pennsylvania: Attendant Care-Providing Mother's Injuries at Hands of Knife-Wielding Son Are Compensable
Posted on 10 Jan 2014 by Larson's Spotlight

In a split decision involving bizarre circumstances, a Pennsylvania appellate court recently held that a woman employed under a state-funded program to provide attendant care services at her residence for her adult son, and who was brutally attacked by... Read More

Pennsylvania: Statute Requiring Use of AMA Guides, 6th Ed., Struck Down
Posted on 25 Sep 2015 by Larson's Spotlight

In a sharply divided decision, a Pennsylvania appellate court held that the statutory provision in § 306(a.2) of the state’s Workers’ Compensation Act that requires physicians to utilize “the most recent” edition of the AMA’s... Read More