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Documents on workers compensation
 

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HTMLA Claimant is not Entitled to an Award of Benefits for Injuries Sustained in a Motor Vehicle Accident that Occurred while the Claimant was Driving to Work to Attend an Employer Meeting.
Francis X. Wickersham; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
January 23, 2015, previously published on January 6, 2015
The claimant filed a claim petition alleging that he sustained a brain injury as a result of an automobile accident while commuting to the employer’s premises for a meeting. The employer held two types of safety meetings: monthly safety meetings and stand-down meetings. The monthly safety...

 

HTMLEvidence from a Claimant Contesting an Employer’s Impairment Rating Evaluation (IRE) Must be Competent Evidence of a Similar Character.
Francis X. Wickersham; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
January 23, 2015, previously published on January 6, 2015
Following the claimant’s work injury, the employer filed a modification petition based on the results of an IRE. In opposition to the testimony given by the employer’s IRE physician, the claimant offered into evidence the deposition testimony of a psychologist who said that he was...

 

HTMLVirginia Workers Compensation: Open Awards
Joseph A. Miller; Joe Miller Law, Ltd.;
White Paper
January 19, 2015
If you have been injured at work in Virginia you need to know what an Open Award is and how to get one. If you fail to get an Open Award in Virginia you could be cut off from your benefits at any time. In this article we will explain what an Open Award is, how to get one, and why failing to get one...

 

HTMLMedical Bills Not Paid For Treatment/Therapy Given In India Proper As Practitioners Not Licensed In PA, Services Not Provided under Supervision of Licensed Health Care Practitioner, and Medical Certificates Did Not Comply With Requirements Of The Act.
Francis Wickersham; Marshall Dennehey Warner Coleman Goggin P.C.;
Legal Alert/Article
January 16, 2015, previously published on January 6, 2015
The claimant was receiving indemnity benefits for a February 2000 work injury. In an unreported opinion, the Commonwealth Court affirmed the disallowance of Ayurvedic medical treatment (one of the world¿s oldest whole-body healing systems developed thousands of years ago in India) because the...

 

HTMLIngress/Egress Exception: Has the Court of Appeals Extended Coverage?
Kyle A. Evans; Drew Eckl & Farnham, LLP;
Legal Alert/Article
January 16, 2015, previously published on November 2014
Prior to November 18, 2014, an injury sustained by an employee within a reasonable time of going to or coming from work was compensable where the injury occurred on the employer’s premises, or in an off-premises parking lot owned, maintained, or controlled by the employer. See Collie...

 

HTMLA Successful 240 - Ensuring a Valid Offer of Suitable Light-Duty Work and an Unjustified Refusal
Sherrill N. Britt; Drew Eckl & Farnham, LLP;
Legal Alert/Article
January 16, 2015, previously published on September 2014
You know the scenario. The Employer is certain that the injured worker is milking his disability status and is capable to return to work. Co-workers report seeing the alleged injured worker out and about in town engaging in activities (partying, hunting, fishing, exercising, riding horses) that are...

 

HTMLGetting to the “Heart” of the Matter: Effective Investigation of Heart Attack, Stroke, and Resulting Death Claims
Jeffrey J. Costolnick; Drew Eckl & Farnham, LLP;
Legal Alert/Article
January 16, 2015, previously published on July 2014
Every on-the-job accident needs to be promptly and thoroughly investigated. However, this is especially true in the case of heart attacks, strokes, or deaths resulting from either. Effective investigation of these claims is crucial to preparing for potential litigation, and may help to limit...

 

HTMLAn Employer May Take an Offset against Workers¿ Compensation Benefits under Section 204 (a) for pension benefits funded by its wholly owned subsidiary.
Francis X. Wickershamn; Marshall Dennehey Warner Coleman Goggin P.C.;
Legal Alert/Article
January 16, 2015, previously published on January 6, 2015
While the claimant was working for Company “A,” it was acquired by Company “B” as a wholly owned subsidiary. All employees of Company “B”‘s subsidiaries were covered by the same workers’ compensation policy as Company “A.” The claimant...

 

HTMLReturning To Regular-Duty Work With Restrictions Entitles One To Presumption Of Causation When Filing Reinstatement Petition; Reinstatement Is Right Even In If Discharged From Employment, Unless employer can establish claimant committed bad faith.
Francis X. Wickersham; Marshall Dennehey Warner Coleman Goggin P.C.;
Legal Alert/Article
January 16, 2015, previously published on January 6, 2015
The claimant suffered an injury to his Achilles tendon in January of 2009 and returned to his pre-injury job in June of 2009 with restrictions. In April of 2010, the employer eliminated the claimant¿s position, and the claimant was transferred to another position without a loss in pay. The new job...

 

HTMLWillful Misconduct: The Horseplay and Assault Exceptions to the Workers’ Compensation Act
Lauren D. Julian; Drew Eckl & Farnham, LLP;
Legal Alert/Article
January 16, 2015, previously published on July 2014
Jack and Jill are friendly coworkers who often chat and take breaks together. One day while working together, Jack animatedly tells Jill a story regarding an altercation he witnessed. In the course of the story telling, he demonstrates with a “friendly” shove to Jill’s shoulder....

 


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