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HTMLUse of the 5th and 6th Editions of the AMA Guides to the Evaluation of Permanent Impairment under the Pennsylvania Workers’ Compensation Act is Unconstitutional. IREs Performed under Section 306(a.2) of the Act Must Use the 4th Edition of the AMA Guides.
Francis X. Wickersham; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
January 27, 2016, previously published on January 15, 2016
The employer’s physician performing the IRE used the 6th Edition of the AMA Guides to the Evaluation of Permanent Impairment (Guides), the most recent version at the time. The employer filed a modification petition seeking to convert the claimant to partial disability status, which was...

 

HTMLBoard Allows the Employer to Reimburse the Fund More than it was Seeking after a Decision Granting the Termination Petition. In Return, The Employer is Given a Credit against the Claimant's Remaining Entitlement to Partial Disability Benefits.
Paul V. Tatlow; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
January 27, 2016, previously published on January 15, 2016
The claimant had a compensable work injury and was receiving $330.78 per week compensation for total disability. On February 12, 2015, the employer filed a termination petition alleging the claimant was no longer totally disabled. As of that date, the Fund picked up the total disability payments...

 

HTMLExpectations for the Property & Casualty Insurance Industry in 2016
Sutherland Asbill Brennan LLP;
Legal Alert/Article
January 18, 2016, previously published on January 15, 2016
The Insurance Information Institute has released the results of a survey of property and casualty insurance industry leaders. A majority of executives anticipate no increase in profitability for workers compensation, personal auto, homeowners, or commercial lines in 2016. Rather, executives expect...

 

HTMLAre Petitioners Required to Submit AMA Impairment Rating Reports Into Evidence?
Heyl Royster Voelker Allen Professional Corporation;
Legal Alert/Article
December 16, 2015, previously published on November 2015
The use of AMA impairment ratings to establish permanent partial disability was introduced in Illinois as a part of the 2011 workers’ compensation reforms. The statute provided in part that "[f]or accidental injuries that occur on or after September 1, 2011, permanent partial disability...

 

HTMLSocial Security Administration Proposes Mandatory Reporting of Workers’ Compensation Benefits
Heyl Royster Voelker Allen Professional Corporation;
Legal Alert/Article
December 16, 2015, previously published on November 2015
The Social Security Administration (SSA) has published its proposed 2016 budget, which includes, as an appendix, several legislative proposals currently under consideration, see https://www.socialsecurity.gov/budget/FY16Files/2016BO.pdf, including a proposal that would require states, local...

 

HTMLIdentifying and Satisfying Conditional Payments by Medicare Advantage Plans
Heyl Royster Voelker Allen Professional Corporation;
Legal Alert/Article
December 16, 2015, previously published on November 2015
When settling a claim involving a Medicare beneficiary, parties to the settlement are well aware of their obligation to contact the Center for Medicare and Medicaid Services (CMS) and determine whether Medicare has made any conditional payments for medical expense related to the workers’...

 

HTMLThe Art of the Deal: Tips for Successful Mediation in Pennsylvania Workers’ Compensation Cases 
Lori O. Strauss; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
December 1, 2015, previously published on December 1, 2015
In 2006, an amendment to the Pennsylvania Workers’ Compensation Act created a mandatory mediation system. This followed an overall trend in the legal profession to attempt to resolve conflicts through alternative dispute resolution, thereby eliminating the uncertainty of the outcome...

 

HTMLImmunity from Testimony Under the Workers’ Compensation Act
Robin M. Romano; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
November 25, 2015, previously published on December 1, 2015
As a rule of thumb, all parties and witnesses to a Pennsylvania workers’ compensation action can testify. There are, however, certain circumstances where a potential witness may possess immunity from testifying under the Act.

 

HTMLThe Rise of Temporary Transitional Employment (TTE)
Jessica Bell; Heyl, Royster, Voelker & Allen Professional Corporation;
Legal Alert/Article
November 17, 2015, previously published on October 2015
The underlying purpose of the Workers Compensation Act - to return the employee to work - is often lost in the complexity of a workers' compensation case. It is easy to get caught up in "arising out of" and "in the course of" issues and issues of medical causation. Naturally, it...

 

HTMLIllinois Supreme Court: Workers' Compensation Act Exclusive Remedy Bars Civil Asbestos Claim
Brad Elward, Melissa Schoenbein, Craig Unrath; Heyl, Royster, Voelker & Allen Professional Corporation;
Legal Alert/Article
November 17, 2015, previously published on November 6, 2015
On November 4, the Illinois Supreme Court released its decision in the much-awaited case of Folta v. Ferro Engineering, 2015 IL 118070, which considered whether an employee can bring an action against an employer outside of the Workers' Compensation Act and Occupational Diseases Act when the...

 


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