NEWS & VIEWS

In the case, Pike v. Workers’ Compensation Appeal Board (Veseley Brothers Moving), the Commonwealth Court decided that Act 57 eliminates the option of using substantially higher earnings when calculating an injured employee’s average weekly wage. More importantly if the evidence does not demonstrate that the higher earnings are indicative of future earnings, the lesser earnings… Read more

In the case Keene v. Workers’ Compensation Appeal Board (Ogden Corp.), the Commonwealth Court held that a claimant, who was receiving Social Security Disability, did not remove herself from the work force, because she testified that she stopped looking for employment for a two-year period after a work-related knee replacement. Judge Friedman wrote that before… Read more

In Gary v. Workers’ Compensation Appeal Board (Phila. Sch. Dist.), the court upheld the Workers’ Compensation Judge’s decision which denied the Utilization Review Petition. The UR Reviewer decided that the treatment did not show a “significant improvement” in the claimant’s condition and therefore continued treatment was deemed not reasonable or necessary, even though five years… Read more

In University of Penn. v. Workers’ Compensation Appeal Board (Hicks), the court determined that an employer was not entitled to suspend a claimant’s benefits after he returned to work following a work injury and was terminated for not possessing the proper certification as a campus police office. The employer had a policy that requires all… Read more