Workers' Compensation

Recent Posts

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: 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: “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: 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: Independent Contractor Agreement Signed After Injury Does Not Alter Worker’s Status as Employee
Posted on 24 Jul 2015 by Larson's Spotlight

A Pennsylvania painter who signed an agreement indicating that he was an independent contractor after he was discharged from a hospital following work-related injuries was an employee and not an independent contractor, held a state appellate court. As... Read More

Pennsylvania: “Good Samaritan” Awarded Benefits Following Injury
Posted on 10 Jul 2015 by Larson's Spotlight

An employee who attempts to render aid to another does not, by that action, abandon his or her employment, held a Pennsylvania court. Accordingly, where an employee heard a cry for help, realized that someone was in danger at the bottom of a large concrete... Read More

National and State-by-State Workers' Comp News Powered by Larson's (3/2/2015)
Posted on 2 Mar 2015 by LexisNexis Workers' Comp Law Newsroom Staff

WCRI Study Updates on Rising Hospital Costs in Workers Compensation . OR WCD Releases Full Report on 2014 WC Premium Rate Ranking . Study on Opioid Tolerance Could Help Pain Patients Stay on Lower Dosages . Study: Risk of Unintentional Overdose... Read More