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Commonwealth Court Rejects Insurer’s Reimbursement Claim Against Pharmacy in Billing Dispute

Pioneer Construction Company, Inc., Eastern Alliance Insurance Company, and employers Alliance, Inc. v. Insight Pharmaceuticals, LLC d/b/a Insight Pharmacy; No. 867 C.D. 2022; filed May 12, 2025; Judge Covey - A workers’...more

Commonwealth Court Clarifies Scope of IREs, Orders Remand in Light of Duffey Decision

Del Val Home Improvements v. Gaw; No. 1117 C.D. 2022; filed March 19, 2025; Judge Wojcik - In a case hinging on the interpretation of impairment rating evaluations (IREs) under the Act, the Commonwealth Court has ordered a...more

Court Affirms Judge’s Discretion in Refusing to Set Aside Mistakenly Issued Medical-Only NCP

City of Philadelphia and PMA Management Corp. v. John Bell; No. 648 C.D. 2024; filed April 2, 2025; Judge Wallace - The Commonwealth Court upheld a decision refusing to set aside a Medical-Only Notice of Compensation Payable...more

Commonwealth Court Affirms Denial of Reinstatement and Penalty Petitions in COVID-19 Workers’ Compensation Case

William Bolds v. City of Philadelphia (WCAB); No. 488 C.D. 2024; filed February 25, 2025; Senior Judge Leavitt - A former police officer’s attempt to reinstate workers’ compensation benefits following a COVID-19 diagnosis was...more

Claimant’s Appeal Was Insufficient, Workers’ Compensation Judge’s Wage Reduction Stands

Bob Evans Restaurants LLC v. Robert Schriver (WCAB); No. 158 C.D. 2024; filed March 11, 2025; Senior Judge Leavitt - The Commonwealth Court reversed a decision by the Workers’ Compensation Appeal Board, reinstating a judge’s...more

Where a Claimant Seeks to Add a Distinct, Consequential Injury to Notice of Compensation Payable and to Reinstate Indemnity...

Matthew Grow v. PECO Energy Company (WCAB); No. 63 C.D. 2024; filed January 8, 2025 - The claimant sustained a work injury to his neck in 2013. After he returned to work in January 2014, his benefits were suspended. Later, in...more

Claimant’s Receipt of Administrative Time While Out Due to COVID-19 is Not Payment in Lieu of Workers’ Compensation Benefits

Jaime Brown v. City of Philadelphia (WCAB); No: 465 C.D. 2024; filed January 17, 2025 - In November 2020, the claimant, a police officer, was out of work for a physical injury. He returned to restricted-duty work on November...more

Pennsylvania Supreme Court Holds That the Compensation Rate for Specific Loss Benefits is Controlled by Section 306(c) of the Act,...

Jennifer Jackiw v. Soft Pretzel Franchise (WCAB); No. 3 EAP 2024; decided January 22, 2025 - This case involved a claimant who crushed her arm in a pretzel machine while working for the employer. Eventually, she needed to...more

Right to Subrogation for Medical Bill Payments Not Waived by Failing to Properly Preserve Issue at All Stages of Litigation,...

City of Philadelphia v. Wayne Deloatch and Independence Blue Cross (WCAB); Independence Blue Cross v. City of Philadelphia and Wayne Deloatch (WCAB); No. 541 C.D. 2022 and No. 589 C.D. 2022; Filed Dec. 24, 2024 - Wayne...more

Employer’s Refusal to Compromise It’s Subrogation Lien During Pendency of a Tort Action Does Not Constitute Bad Faith Resulting in...

Martha Garduno Mondragon v. Jo Jo Pizza (WCAB); No. 174 C.D. 2024; filed Jan. 6, 2025 - This case involved a claimant who sustained work injuries as a result of a slip and fall on ice in the employer’s parking lot. A Claim...more

Claimant’s Evidence Satisfied the Three-prong Test to Support the Section 301(F) Presumption That a Firefighter’s Chronic Myeloid...

Borough of Hollidaysburg v. Paul Detwiler (WCAB); No. 739 C.D. 2023; Filed November 19, 2024; Judge Wolf - The claimant was a firefighter who developed chronic myeloid leukemia that was diagnosed in 2014. He learned his...more

Under Section 410 of the Act, the Claimant’s Widow Was Not Barred From Receiving a Workers’ Compensation Judge’s Award of Specific...

Elmer Riehl v. Beiler Brothers, LLC (WCAB); No. 1563 C.D. 2023; Filed November 18, 2024; Judge Fizzano Cannon - On October 11, 2011, the claimant sustained a work injury in the nature of incomplete tetraplegia (paralysis of...more

Top 10 Developments in Pennsylvania Workers’ Compensation in 2024

1. Commonwealth Court holds that an employer’s failure to reimburse a claimant for out-of-pocket payments for CBD oil is in violation of the Act. Schmidt v. Schmidt, Kirifides & Rassias, Pa. C. (WCAB), 305 A.3d 1137 (Pa....more

Commonwealth Court Affirms Denial of Claim Petition That Alleged Occupational Disease of Lead Toxicity

Jerry Mercer v. Active Radiator MPN, Inc. (WCAB); No. 1326 C.D. 2023; filed June 3, 2024; Judge Fizzano Cannon - On August 24, 2018, the claimant advised the employer that he had sustained a work-related injury due to lead...more

Pharmacy Staffed by Pharmacist Provided by an Employee Leasing Agency is a Provider as Defined by Section 109 of the Act. When a...

700 Pharmacy v. Bureau of Workers’ Compensation Fee Review Hearing Office & SWIF; No. 660 C.D. 2020; No. 617 C.D. 2020; filed May 16, 2024; President Judge Cohn-Jubelirer - In this case, 700 Pharmacy filed five Fee Review...more

Excluding Counsel Fees From Payment of Future Medical Benefits Based on Future Medical Expenses as Speculative is Contrary to Sec....

Patrice Williams v. City of Philadelphia (WCAB); No: 277 C.D. 2023; filed Mar. 21, 2024; Judge McCullough - In this case, a workers’ compensation judge granted in part and denied in part the claimant’s Petition to Review. The...more

Commonwealth Court Holds That a Truck Driver Was Not Subjected to Abnormal Working Conditions From a Minor Truck Fire That Was...

Premium Transportation Staffing, Inc. v. Welker (WCAB); No. 1329 C.D. 2022; filed Nov. 30, 2023; Senior Judge Leavitt - In his Claim Petition, the claimant alleged he sustained Post Traumatic Stress Disorder (PTSD) in...more

A Decision Granting a Claim Petition, but Not Awarding Wage Loss Benefits, Was Supported by Substantial Competent Evidence and,...

Marie Dennis v. Inglis House (WCAB); No. 1223 C.D. 2022; filed Oct. 12, 2023; Sr. Judge Leavitt - The claimant, a certified nurse assistant, filed a claim petition alleging multiple work injuries, which occurred on January...more

Temporary Total Disability Benefits Were Properly Reinstated as of the Date Claimant Filed a Protz Constitutional Challenge, and...

Howard Dunetz v. Charles H. Sacks, D.M.D., P.C. (WCAB); No. 302 C.D. 2022; filed Oct. 26, 2023; Judge Cohn Jubelirer - The claimant sustained a work injury in May 2007. Subsequently, the status of his benefits was changed...more

Act 111, Which Enacted the Impairment Evaluation Provisions of Section 306(a.3) of the Pennsylvania Workers’ Compensation Act, is...

Jose Gonzalez v. Guizzetti Farms, Inc. (WCAB) and Guizzetti Farms, Inc. v. Jose Gonzalez (WCAB); No. 144 C.D. 2022; No. 286 C.D. 2022; filed Apr. 18, 2023; by Judge Ceisler (PREVIOUS NON-REPORTED OPINION) - In this case, the...more

What’s Hot in Workers’ Comp – Special PA Alert

Teresa Fegley, as Executrix of the Estate of Paul Sheetz v. Firestone Tire & Rubber (WCAB); No. 680 C. D. 2021; filed March 17, 2023; by Judge Covey AND Edward Appel v. GWC Warranty Corp. (WCAB); 824 C.D. 2021; filed March...more

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