Workers Compensation Certification Study Guide

Three of our attorneys were recently certified as Workers Compensation Specialists. They put together a Study Guide in preparation for the examination. Here is the section on what is considered a Work injury under the Pennsylvania Workers Compensation Act. We can provide a free consultation to determine if your disability can be considered a work injury under the Pennsylvania Workers Compensation Act.

Work Injury Under the Pennsylvania Workers Compensation Act

1. To any Employee regardless of any pre existing condition including

   1. Aggravation

   2. Reactivation

   3. Acceleration

   4. Death

2. Key is it is related to employment

3. Exposure to risk or disease if a

   1. highly contagious nature

   2. infection = potentially deadly = injury

Example – testing for hepatitis if exposed to disease as part of job

1. Need not point to specific event or definable incident as long as injury arose in the course of employment and is related thereto (Cumulative trauma)

   1. Need to establish that each day in the workplace constitutes a separate trauma that substantially contributes to the ultimate inability to perform the time of injury job

1. Much litigation over recurrence versus aggravation for purposes of deciding which carrier

2. Injured Worker can’t collect more than the maximum compensation rate if injured from two different employers (Act 44)

   1. Section 322 allows two different carriers pay the Claimant benefits for two injuries when disability relates to two distinct injuries but cannot exceed max comp rate between both (Pro Rata basis based on DOI Comp Rate)

3. Where two separate WRI substantially contributed to ee’s ongoing disability apportionment of benefits between the insurers need to be based on employee’s earnings at the time of injury for each employer

   1. Can get partial from one carrier and TD from another carrier – can’t be greater than statewise AWW

4. An injury unrelated to employee’s job is compensable if the injury is the proximate, natural and probable result of prior work related injuries

If you need assistance with regard to your Pennsylvania Workers Compensation Case, feel free to call our office to speak with a Workers Compensation Lawyer for a free consultation