Jay is the managing attorney of the Erie office of Marshall, Dennehey, Warner, Coleman & Goggin, where he represents clients in matters pertaining to workers' compensation, employment law and professional liability. Jay has represented small, medium and large businesses, service agencies and public entities in employment-related litigation at administrative proceedings and in state and federal courts. He is experienced in employment law matters on behalf of employers, including civil rights, discrimination, wrongful termination, retaliation, harassment, wage and hour violations, and workers' compensation. He has also represented insurance agents and brokers, real estate professionals, attorneys, accountants and health care professionals in professional liability claims.
Jay has represented employers in litigation and employment matters in more than 300 cases, has handled more than 1,000 workers' compensation cases and has defended professional liability cases for 25 years. He has taken 10 cases to trial, all of which were tried to a jury. He obtained eight defense verdicts, and the other cases ended in a verdict or settlement favorable to his clients.
Jay speaks on employment- and litigation-related topics to various industry, professional and employer groups. He organized and led the discussion at a very successful workers' compensation seminar in Erie for clients that included more than 75 attendees and speakers on various workers' compensation and related employment topics. Jay is co-author of the firm's monthly publication, What's Hot in Workers' Compensation, and the popular year-end summary of the Top 10 Cases in Workers' Comp.
Jay is actively involved in a number of professional organizations in his areas of expertise, including the Lake Erie Claims Association, Insurance Club of Erie County, Human Resource Management Association, Pennsylvania Self-Insurers' Association, American Inns of Court and Erie County Bar Association.
Jay attended Gannon University in Erie, where he received the college's highest honor for a graduating senior, the Medal of Honor. In 1985, he graduated from the University of Notre Dame Law School, where he was on the staff of the Notre Dame Journal of Legislation. Following graduation from law school, Jay worked for national and regional defense law firms on complex personal injury litigation, including medical and professional malpractice, products liability, premises liability, catastrophic incidents and employment litigation.
Significant Representative Matters
· Successfully resolved high-damage medical malpractice lawsuit involving the death of a three-month-old child where damages exposure was seven figures, with clear liability and potential punitive exposure for low six figures prior to trial on the basis of supportive expert testimony.
· Won appeal of toxic chemical exposure workers' compensation case where the judge found an employee died of cancer due to exposure from Benzene in workplace and awarded substantial, lifetime widow's benefits in excess of $500,000. Award reversed on appeal to Commonwealth Court on basis of the argument that widow's claim was barred by application of statute of limitations.
· Successfully appealed denial of hearing loss claim in workers' compensation case through extensive use of after-acquired evidence to demonstrate workplace exposure to noise did not rise to level of OSHA threshold limit.
· Use of medical experts from seven different disciplines to mitigate exposure in medical malpractice claim involving three-month-old child.
· Developed expert testimony from occupational medicine, toxicology, neurology, neuropsychology, industrial hygiene and psychiatry to defend alleged toxic chemical exposure in the workplace.
· Obtained dismissal of a federal civil rights action on behalf of the County of Erie in which a grandmother asserted a constitutional right to the care and custody of a grandchild against the interests of an adoptive family with whom the child was placed by the court. Successfully argued that no court has recognized such a right on behalf of a grandparent.
· Successfully obtained summary judgment in the U.S. District Court, and upheld on appeal, of a federal civil rights claim by a father alleging that a local children and youth agency negligently filed a report of suspected child abuse against him. The court agreed that the local agency acted consistent with the Child Protective Services Law and did not cause a deprivation of the parent's rights.
· Persuaded plaintiffs to voluntarily withdraw a complaint, which alleged that a county agency intentionally sabotaged the plaintiffs from adopting children placed in their custody, on the basis of absolute immunity under the Pennsylvania Subdivision Political Tort Claims Act.
Published Works
· "Natural Gas 'Gold Rush:' Injury and Occupational Exposure in Pennsylvania From the Marcellus Shale Gas Explosion," Energy Law Supplement, The Legal Intelligencer, July 2011
· "Job Availability in Current Economic Crisis: Is It Time to Reconsider Funded Employment?," Workers' Compensation (PSIA Newsletter), March 2009
· "Using Causation As A Defense To Negligence," Defense Digest, 2003
· "Calculation of Average Weekly Wage for Employees on Leave of Absence or Unpaid Illness," Pennsylvania Self-Insurers' Association Newsletter, May 1998
Classes/Seminars Taught
· Labor and Employment, Adjunct Faculty, Gannon University
· Act 57 Amendments to the Workers' Compensation Act
· Impairment Rating Evaluations to Reduce Exposure to Total Disability Benefits
· Maximizing an Insurance Carrier's Right to Subrogation
· Employer Liability for Workplace Violence
· Americans With Disabilities Act and its Interplay with Workers' Compensation
· Family and Medical Leave Act
· Employment, Workers' Compensation, Medical Malpractice, Insurance Agent E&O
Past Employment Positions
· Thomson, Rhodes & Cowie, P.C., Pittsburgh, Pennsylvania
· Williams & Montgomery, Chicago, Illinois
Associations & Memberships
· Defense Research Institute
· Erie County Bar Association
· Insurance Club of Erie County, president, 2005-2006 (two terms)
· Pennsylvania Bar Association
Year Joined Organization: 1997
Publications
Vol. 16, No. 4, April 2012
What's Hot in Worker's Comp · April 1, 2012
Vol. 16, No. 3, March 2012
What's Hot in Worker's Comp · March 1, 2012
Special Pennsylvania Alert - Pennsylvania Chamber of Business And Industry Proposes Reforms To the Pennsylvania Workers Compensation Act
What's Hot in Worker's Comp · February 24, 2012
The Workers' Compensation Executive Committee of the Pennsylvania Chamber of Business and Industry is proposing comprehensive reforms to the Pennsylvania Workers' Compensation Act. The proposals made are aimed squarely at the high cost of...
Vol. 16, No. 2, February 2012
What's Hot in Worker's Comp · February 1, 2012
Vol. 16, No. 1, January 2012
What's Hot in Worker's Comp · January 1, 2012
SPECIAL EDITION: Top 10 Developments in 2011 Pennsylvania, New Jersey and Delaware Workers' Compensation
Vol. 15, No. 11, November 2011
What's Hot in Worker's Comp · November 1, 2011
Special Pennsylvania Alert - New Utilization Review Request Form (LIBC 601)
What's Hot in Worker's Comp · October 27, 2011
Starting October 24, 2011, and mandatory as of January 2, 2012, the Bureau of Workers' Compensation has authorized a new Utilization Review Request form (LIBC 601) for use in challenging the reasonableness and necessity of a...
Special Pennsylvania Alert - Pennsylvania Liquor Control Board v. WCAB
What's Hot in Worker's Comp · October 14, 2011
Recently, the Commonwealth Court issued a decision in a psychic injury case that is causing a stir in the workers' compensation community on a national level. In PA Liquor Control Board v. WCAB (Kochanowicz); 760 C.D., 2010;...
A prior utilization review Determination, finding treatment the claimant received from the same chiropractor to be reasonable and necessary, does not estop the employer from requesting utilization review of that same treatment in the future.
Law Alerts · October 1, 2011
In this case, the employer filed a utilization review (UR) request concerning the reasonableness and necessity of chiropractic treatment being provided to the claimant beginning December 31, 2007. Previously, a decision had been issued by a workers...
The Act does not require a workers' compensation carrier to pay the full amount of a medical provider's bill if it does not downcode the bill within 30 days of the date it was submitted.
Law Alerts · October 1, 2011
In this case, Jeffrey Yablon, M.D. and Vincent Ferrara, M.D. appealed a determination made by a fee review hearing officer that the workers' compensation insurer did not lose the right to "downcode" charges because more than 30 days had passed after...
Pennsylvania Supreme Court redefines what constitutes sufficient notice of a work injury.
Law Alerts · October 1, 2011
The claimant in this case, a 45-year employee who worked as an Air Force helmet inspector, left work complaining about intolerable pain in her hands but did not report her condition as work-related. She submitted an application for short-term...
The claimant's failure to seek employment does not establish voluntary retirement from the workforce so as to warrant suspension of benefits.
Law Alerts · October 1, 2011
The claimant sustained a work-related knee injury and then underwent knee replacement surgery, after which she was limited to performing only full-time sedentary work. The claimant initially looked for suitable work and applied for every job lead,...
An employer's job offer letter inviting a return to work to a previous job with modifications based on current medical restrictions, but without detailing the duties of the work, is sufficient to support a modification of benefits.
Law Alerts · October 1, 2011
Following an IME identifying that the claimant could return to work in a modified, medium-duty capacity, the employer notified the claimant simply that his work activities would be modified to accommodate the IME's work restrictions. When the...
A claimant's burden of proof on a reinstatement petition was not met where the claimant's evidence failed to show that the reason for a suspension of benefits no longer existed.
Law Alerts · October 1, 2011
The claimant sustained a work-related injury to his low back in April of 2002. Approximately two years later, he returned to his regular job with no restrictions, and his benefits were suspended pursuant to a Notification of Suspension. In June of...
In calculating a claimant's average weekly wage, §309(d) applies when the claimant is a long-term employee. The workers' compensation judge properly subtracted depreciation from commission earnings in calculating the claimant's average weekly wage.
Law Alerts · October 1, 2011
In this case, a workers' compensation judge issued a decision concerning the calculation of the claimant's average weekly wage (AWW). In calculating the AWW, the judge included substantially lower earnings from periods prior to the time the claimant...
The Supreme Court holds that an insurer is entitled to Supersedeas Fund reimbursement for payment of a medical bill made after a request for supersedeas was denied, even though the bill was for treatment received before the supersedeas request was made.
Law Alerts · October 1, 2011
In this case, the claimant, who was receiving benefits for a July 1995 work injury, was seen for an independent medical evaluation (IME) on March 16, 2004. On June 1st of that year, surgery was performed on the claimant, which the claimant...
Vol. 15, No. 10, October 2011
What's Hot in Worker's Comp · October 1, 2011
Vol. 15, No. 9, September 2011
What's Hot in Worker's Comp · September 1, 2011
Vol. 15, No. 8, August 2011
What's Hot in Worker's Comp · August 1, 2011
Natural Gas 'Gold Rush': Injury and Occupational Exposure in Pennsylvania From the Marcellus Shale Gas Exploration
Articles · July 26, 2011
The Legal Intelligencer, Vol. 244 No. 17, Tuesday, July 26, 2011
Special Pennsylvania Alert - Important Pennsylvania Supreme Court Workers' Compensation Decisions
What's Hot in Worker's Comp · July 25, 2011
The Supreme Court Holds That an Insurer Is Entitled to Supersedeas Fund Reimbursement for Payment of a Medical Bill Made After a Request for Supersedeas Was Denied, Even Though the Bill Was for Medical Treatment Received Before the Supersedeas...
Special Pennsylvania Alert - Act 46 of 2011
What's Hot in Worker's Comp · July 15, 2011
On July 7, 2011, Governor Tom Corbett signed House Bill 797 into law, which designates cancer as an occupational disease for firefighters. Under the new law (Act 46 of 2011), firefighters can receive workers' compensation benefits if they...
The employer's issuance of a box four notice of workers' compensation denial does not stop the employer from denying a work place injury.
Law Alerts · July 1, 2011
The employer issued a notice of workers' compensation denial, acknowledging that a low back injury took place but denying that the claimant was disabled as a result of the work injury. The claimant then filed a claim petition. During litigation of...
A request for utilization review by the employer does not constitute an admission of causation or prohibit the employer from denying causation.
Law Alerts · July 1, 2011
The claimant began receiving workers' compensation benefits for a work-related low back strain and sprain pursuant to a Notice of Temporary Compensation Payable that later converted to a notice of compensation payable. Later, the claimant began to...
Vol. 15, No. 7, July 2011
What's Hot in Worker's Comp · July 1, 2011
Acceptance of disability pension alone does not establish a presumption that the claimant voluntarily left the workforce so as to suspend benefits.
Law Alerts · July 1, 2011
This claimant was not working and was receiving workers' compensation benefits when he obtained a service-connected disability pension from the employer. An independent medical evaluation then determined that the claimant was capable of performing...
Vol. 15, No. 6, June 2011
What's Hot in Worker's Comp · June 1, 2011
Vol. 15, No. 5, May 2011
What's Hot in Worker's Comp · May 1, 2011
Although the claimant's petition to review was not filed within 3 years of the last payment of compensation, the employer's petition to terminate benefits was. Therefore, the workers' compensation judge did not err in expanding the claimant's injuries.
Law Alerts · April 1, 2011
The claimant sustained a work-related injury on January 31, 2003. Thereafter, the claimant received workers' compensation benefits pursuant to a notice of compensation payable (NCP) issued by the employer. The NCP described the work injury as a...
A report issued by the employer's medical expert that contained a critical typographical error is not competent evidence to support a workers' compensation judge's expansion of the claimant's injuries.
Law Alerts · April 1, 2011
Following the claimant's work injury, the employer filed a petition to terminate the claimant's benefits. The claimant challenged the petition and also filed a Review Petition, seeking to expand the nature of the work injury to include...
A claimant who was injured after voluntarily jumping down a flight of stairs during his lunch hour is not in the course and scope of his employment and is not entitled to workers' compensation benefits.
Law Alerts · April 1, 2011
The claimant, who was employed as a cook with the employer's food service department, also worked in the employer's housing department during the summer. On the day of his injury, he was cleaning dorm rooms. While walking from a dorm to the dining...
An employer is not precluded from seeking a termination or suspension of benefits on a date prior to the date of the notice of compensation payable.
Law Alerts · April 1, 2011
The claimant was injured in a car accident while working as a probation officer. She began treating with a panel chiropractor, who subsequently found her to be fully recovered from the work-related strains and sprains as of October 19, 1995. However...
A state police officer involved in the horrific death scene investigation of an infant failed to establish abnormal working conditions in order to state a claim for psychological injury.
Law Alerts · April 1, 2011
The claimant, an investigator for the Pennsylvania State Police, was involved in homicide investigations by providing forensic and photographic services. One case he investigated ("Baby Jane Doe") involved a baby girl found in a plastic big near a...
Claimant's failure to provide notice of a work injury within 120 days as required by section 311 of the Act warrants denial of claim petition.
Law Alerts · April 1, 2011
A claim and penalty petition were denied by the workers' compensation judge and affirmed by the Appeal Board and Commonwealth Court. The workers' compensation judge had found that the claimant failed to establish through substantial, credible...
Vol. 15, No. 4, April 2011
What's Hot in Worker's Comp · April 1, 2011
A fee review petition is held to be timely when filed within 90 days of billing date.
Law Alerts · April 1, 2011
The claimant's treating physician disputed the insurer's payment of services by filing an application for fee review under section 306(f.1) (5) of the Act 85 days after the original billing date. The Bureau granted the fee petition. The insurer...
Minimal findings identifying the basis of a workers' compensation judge's decision on the credibility of a treating physician and a claimant's disability are sufficient to uphold a claim petition.
Law Alerts · April 1, 2011
The claimant, who received 500 weeks of partial disability benefits for coal workers' pneumoconiosis, petitioned for total disability benefits, which were granted by the workers' compensation judge on the basis of the claimant's medical evidence. On...
The court invalidates the results of an ire because the ire physician did not use the most recent edition of the AMA guides.
Law Alerts · April 1, 2011
Following the claimant's work injury, the employer requested an Impairment Rating Examination (IRE) within the time frame that would allow the employer to obtain self-executing relief. The results of the evaluation were that the claimant had a 13%...
Special Pennsylvania Alert - The Employer's Issuance of a Box Four Notice of Workers' Compensation Denial Does Not Stop the Employer From Denying a Work Place Injury
What's Hot in Worker's Comp · March 4, 2011
The employer issued a Notice of Workers' Compensation Denial, acknowledging that a low back injury took place but denying that the claimant was disabled as a result of the work injury. The claimant then filed a Claim Petition. During...
Vol. 15, No. 3, March 2011
What's Hot in Worker's Comp · March 1, 2011
Vol. 15, No. 2, February 2011
What's Hot in Worker's Comp · February 1, 2011
Special Pennsylvania Alert - New Bureau Workers' Compensation Forms
What's Hot in Worker's Comp · January 31, 2011
Effective February 1, 2011, the Pennsylvania Bureau of Workers' Compensation has mandated the use of two new forms involving settlements via Compromise and Release Agreements. Prior forms will no longer be accepted as of that date...
The Supreme Court holds that a claimant seeking a reinstatement of suspended benefits must prove that earning power is again adversely affected by the disability and that the disability is a continuation of that which arose from the original claim.
Law Alerts · January 1, 2011
The claimant sustained an injury to his low back while working for the employer. The claimant later returned to work for that employer in a modified, light-duty position. Later, the claimant voluntarily left this light-duty position to begin work at...
The employer is not entitled to a suspension of the claimant's benefits when the employer did not provide sufficient evidence to show that under the totality of circumstances the claimant intended to terminate her career.
Law Alerts · January 1, 2011
In this case, following the claimant's work injury, she returned to light-duty work for the employer. Thereafter, while traveling to an appointment for treatment for her work-related injury, the claimant was involved in a car accident and sustained...
An insurer is entitled to a supersedeas recovery of the portion of attorney's fees incurred to obtain the third party recovery.
Law Alerts · January 1, 2011
The workers' compensation insurer sought to obtain supersedeas fund reimbursement for the amount of attorney's fees incurred to obtain a third party recovery. The court held that attorney's fees incurred under section 319 to obtain a third party...
An order granting a penalty petition, based on a failure to make payment, is vacated when there was no finding as to whether proper notice of correct address was given and no determination was made whether the employer acted with reasonable diligence.
Law Alerts · January 1, 2011
The claimant filed a penalty petition for late payment of a settlement that was part of an approved Compromise and Release Agreement. The decision approving the settlement was circulated on October 17, 2008, and the settlement payment was made on...
Commonwealth Court holds that employer did not meet burden of proof that widow entered into common law marriage so as to warrant termination of widow's benefits under section 307 of the Act.
Law Alerts · January 1, 2011
The claimant in this case received workers' compensation benefits as a result of the death of her husband. The employer filed a termination petition to stop payment of benefits because the widow was involved in a meretricious relationship with...
The pro-rata reimbursement rate being paid to the claimant during a grace period also applies to periods when the claimant receives partial disability benefits due to a return to work at reduced wages.
Law Alerts · January 1, 2011
Following the claimant's work injury, he received a third party recovery, and a Third Party Settlement Agreement was executed. Pursuant to that agreement, the employer was to reimburse the claimant $216.88 per week for a period of 1,353.6 weeks. The...
An employer's eleventh hour refusal to proceed with a compromise and release agreement does not violate the Pennsylvania Workers' Compensation Act.
Law Alerts · January 1, 2011
The claimant was injured while working for an employer that was under sub-contract with a general contractor, and the claimant was paid benefits. Later, the case was mediated, and an agreement was reached to settle the claim. At the mediation...
Supreme Court holds that the employer does not need to present evidence of earning power to change a claimant's status from total to partial disability under section 306(a.2) of the Act based on an impairment rating evaluation.
Law Alerts · January 1, 2011
Section 306 (a.2) of the Act authorizes an automatic change of disability status from total to partial when an employer obtains an Impairment Rating Evaluation ("IRE") within 60 days after a claimant has received 104 weeks of total...
Testimony from a physician who performed an IME of a claimant after the employer filed a petition for review of a utilization review determination can still be considered by the court.
Law Alerts · January 1, 2011
The claimant filed a utilization review Request, seeking to increase unskilled home assistance that was being provided to her. The reviewer found that the increase in assistance was reasonable and necessary, and the employer filed a Petition for...
The Supreme Court holds that a claimant seeking a reinstatement of suspended benefits must prove that earning power is again adversely affected by the disability and that the disability is a continuation of that which arose from the original claim.
Law Alerts · January 1, 2011
The claimant sustained an injury to his low back while working for the employer. The claimant later returned to work for that employer in a modified, light-duty position. Later, the claimant voluntarily left this light-duty position to begin work at...
The employer is not entitled to a suspension of the claimant's benefits when the employer did not provide sufficient evidence to show that under the totality of circumstances the claimant intended to terminate her career.
Law Alerts · January 1, 2011
In this case, following the claimant's work injury, she returned to light-duty work for the employer. Thereafter, while traveling to an appointment for treatment for her work-related injury, the claimant was involved in a car accident and sustained...
An insurer is entitled to a supersedeas recovery of the portion of attorney's fees incurred to obtain the third party recovery.
Law Alerts · January 1, 2011
The workers' compensation insurer sought to obtain supersedeas fund reimbursement for the amount of attorney's fees incurred to obtain a third party recovery. The court held that attorney's fees incurred under section 319 to obtain a third party...
A workers' compensation judge's dismissal of a modification petition on the basis that an IME more than six months old rendered the job referrals invalid is arbitrary and not supported by substantial evidence.
Law Alerts · October 1, 2010
The claimant in this case was injured in 1994. The employer filed a petition to suspend/Modify Benefits, alleging that work was available to the claimant and the claimant failed to make a good faith effort to pursue the jobs that were referred. The...
Reimbursement payments made by an insurance carrier to a township employer during a time the claimant's benefits were suspended do not constitute an admission of liability for the claimant's disability compensation.
Law Alerts · October 1, 2010
Following injuries sustained by the claimant in a work-related motor vehicle accident, the claimant returned to work light duty. The claimant's benefits were suspended by a Notification of Suspension. Eventually, the claimant resumed his pre-injury...
Judge's determination that the claimant was not within the scope of employment when injured while undergoing tuberculin test as part of the hiring process is upheld.
Law Alerts · October 1, 2010
The issue in this case was whether the claimant was within the scope of employment when she had an adverse reaction and fell while undergoing a tuberculin test required as part of the application for work with the employer. The Judge found that the...
A claimant's review petition to amend a notice of compensation payable that is not filed within the statutory limitation period is subject to being dismissed as time barred.
Law Alerts · October 1, 2010
Following the claimant's work injury, a notice of compensation payable (NCP) was issued describing the injury. Five years after the NCP was issued, and four years after the claimant's benefits were suspended upon her return to work with no loss of...
An employer may properly issue a notice of compensation denial to accept a claimed work injury for medical purposes only.
Law Alerts · October 1, 2010
In this case, following the claimant's work injury, the employer issued a Notice of Compensation Denial ("NCD"), indicating that investigation was ongoing, pending receipt of medical documentation. Later, the employer issued a corrected NCD,...
An employee's fall in a parking lot, located between buildings leased by the employer, while intending to leave the premises for an unpaid lunch is held to be within the scope of employment under §301(c)(1).
Law Alerts · October 1, 2010
The employer argued that an employee who left the workplace to take an unpaid lunch break and who slipped and fell on the surface of a parking lot not owned or leased by the employer was not "on the premises" thereof and, thus, was outside...
Claimant's good faith effort in applying for jobs is not a factor when an employer seeks a modification of benefits based on residual earning capacity.
Law Alerts · October 1, 2010
Following the claimant's work injury, the employer filed a modification petition, alleging that the claimant had a residual earning capacity. The employer presented evidence from a vocational counselor, who testified that he identified five jobs...
The medical provider's failure to provide the URO with the password to access encrypted medical records does not satisfy the requirement of section 127.464 to provide the URO with the claimant's medical records.
Law Alerts · July 1, 2010
The Commonwealth Court affirmed a decision of the Workers' Compensation Appeal Board that a medical provider's mailing of a CD-ROM with the claimant's complete records, whose contents were inaccessible to the URO due to an encrypted password that...
Commonwealth Court clarifies that a utilization review challenge to physical therapy treatment need not name each individual therapist who provides treatment.
Law Alerts · July 1, 2010
Since the decisions in Schenck v. WCAB (Ford Electronics), 937 A.2d 1156 (Pa. Cmwlth. 2007), and Bucks County Community College v. WCAB (Nemes), 918 A.2d 150 (Pa. Cmwlth. 2007), employers have been faced with the challenge that a utilization review...
A workers' compensation judge's decision crediting medical testimony that included a description of injury beyond that described in the notice of compensation payable is binding in a subsequent termination petition.
Law Alerts · July 1, 2010
In this case, the Commonwealth Court reinforced the recent Supreme Court decision in Cinram Manufacturing, Inc. v. WCAB (Hill), 975 A.2d 577 (Pa. 2009), that a workers' compensation judge may expand the scope of the accepted injury without a claim...
Employer subject to penalty for continuing nonpayment of medical expenses while litigating petition to review URO that found medical treatment reasonable and necessary.
Law Alerts · July 1, 2010
The employer challenged the imposition of a penalty for violating the Act for failing to pay medical bills which were determined by a utilization review to be reasonable and necessary during the time that the employer's UR Review Petition was in...
The Pennsylvania Supreme Court holds that a furlough allowance is not a severance benefit and, therefore, the employer is not entitled to a credit for it against workers' compensation payments under section 204 (a) of the Workers' Compensation Act.
Law Alerts · July 1, 2010
The claimant, a member of the passenger service employees' union, sustained a work injury to his right knee. The claimant filed a claim petition seeking partial disability benefits for a limited period of time and total disability benefits...
When is "payment" of compensation made pursuant to a temporary notice of compensation payable so as to require five days notice to stop payment?
Law Alerts · July 1, 2010
This case involved the situation where a Notice of Temporary Compensation Payable was issued to a claimant along with a check in payment of the initial wage loss. The employer then decided that the injury was not disabling and issued a stop payment...
A claimant who accepts a buyout from the employer while on modified duty is entitled to a reinstatement of temporary total disability benefits.
Law Alerts · April 1, 2010
In this case, following the claimant's work-related left knee injury, he returned to work for the employer in a light duty capacity. Thereafter, the claimant had knee surgery and was released to return to work with restrictions. The claimant was...
An employer does not, per se, engage in unreasonable contest when it files a penalty petition against the claimant.
Law Alerts · April 1, 2010
Following the claimant's work injury, the claimant settled a related third party case while receiving benefits. In March 2007, a workers' compensation judge found that the employer was entitled to reimbursement of its accrued subrogation lien and a...
An employer is not required to prove that a notice of ability to return to work is sent on a specific date in order to establish that the notice was promptly provided as required by §306 (b) (3) of the Act.
Law Alerts · April 1, 2010
This is a case that was reconsidered by the Commonwealth Court after the court granted a Petition for Reconsideration of a July 29, 2000, opinion. In this case, following the claimant's work injury, a Functional Capacity Evaluation ("FCE") was...
An employer does not, per se, engage in unreasonable contest when it files a penalty petition against the claimant.
Law Alerts · April 1, 2010
Following the claimant's work injury, the claimant settled a related third party case while receiving benefits. In March 2007, a workers' compensation judge found that the employer was entitled to reimbursement of its accrued subrogation lien and a...
An employer is not required to prove that a notice of ability to return to work is sent on a specific date in order to establish that the notice was promptly provided as required by §306 (b) (3) of the Act.
Law Alerts · April 1, 2010
This is a case that was reconsidered by the Commonwealth Court after the court granted a Petition for Reconsideration of a July 29, 2000, opinion. In this case, following the claimant's work injury, a Functional Capacity Evaluation ("FCE") was...
A claimant's receipt of pension benefits from a source other than the employer triggers the presumption that the claimant has withdrawn from the workforce.
Law Alerts · April 1, 2010
The claimant testified that he signed up for Social Security old age benefits (he was 67), as well as a pension from the union, following a knee replacement for a work-related injury. The employer filed a suspension petition, arguing that the...
A workers' compensation judge has discretion under § 314 (a) of the Act to suspend wage loss and/or medical benefits of a claimant who refused to attend an independent medical examination.
Law Alerts · April 1, 2010
In a case of first impression, the Commonwealth Court held that a workers' compensation judge has discretion under §314 (a) of the Act to suspend medical benefits, in addition to wage benefits, where a claimant refuses to attend an independent...
On the Pulse...Profile of Erie, PA Office
Defense Digest Article · March 1, 2010
The City and County of Erie sit on the southeastern shore of Lake Erie and anchor the thirteen-county northwestern corner of Pennsylvania. The name "Erie" derives from the warring Native American Indian tribe known as the "Eries..., Defense Digest, Vol. 16, No. 1, March 2010
Job Availability in Current Economic Crisis: Is It Time to Reconsider Funded Employment?
Articles · March 1, 2009
Pennsylvania Self-Insurer's Association Workers' Compensation Newsletter, March 2009