Author Archives: Jay Butchko
Pennsylvania Department of Labor and Industry Issues a Statement Regarding Impairment Rating Evaluations and the Protz Decision
On June 21, 2017, the Pennsylvania Department of Labor and Industry issued the following statement in the wake of the Supreme Court decision in Protz v. WCAB: On June 20, 2017, the Pennsylvania Supreme Court issued its decision in Protz v. WCAB (Derry Area School District), Nos 6 WAP 2016, 7 WAP 2017, holding… Read More »
PENNSYLVANIA SUPREME COURT HOLDS THAT THE WORKERS’ COMPENSATION IMPAIRMENT RATING EVALUATIONS ARE UNCONSTITUTIONAL
As noted in a previous article on this blog, the Pennsylvania Supreme Court agreed to hear and decide the case of Protz v. Workers’ Compensation Appeal Board (Derry Area School District), 124 A.3d 406 (Pa. Cmwlth. 2015), to determine whether impairment rating evaluations (IREs) were an unconstitutional delegation of the General Assembly’s legislative power… Read More »
Can I move if I am receiving Pennsylvania Workers’ Compensation Benefits?
The short answer is “yes” but it does come with some risks. You may be able to, in certain circumstances, even collect your pension. In the Pennsylvania Supreme Court case of Chesik v. WCAB, (Department of Military and Veteran’s Affairs), 126 A.3d 1069, the Claimant was injured in Pennsylvania and moved to Nevada while… Read More »
Pennsylvania Governor Wolf Issues Ban the Box Policy for State Jobs
In a prior post, we discussed “Ban the Box” legislation and how it can impact workers. On May 5, 2017, Pennsylvania Governor Tom Wolf issued a “Ban the Box” policy, relative to state non-civil service jobs. Described as a “Fair-Chance hiring policy” for state agencies, the legislation will remove the criminal conviction question, otherwise… Read More »
The Importance of Unequivocal Expert Testimony in Pennsylvania Worker’s Compensation Cases
In a recent unreported Commonwealth Court decision, Nestle USA, Inc, v. WCAB (Gallen) 2017 WL 1131090, the Court examined the sufficiency of a Claimant’s expert testimony and affirmed both the Workers’ Compensation Judge and Workers’ Compensation Appeal Board’s decisions awarding workers’ compensation benefits to a Claimant suffering from Legionnaires’ Disease as a result of… Read More »
Does an Impairment Rating Exam have to consider only the injuries recognized by the Insurance Company?
In a previous article we discussed impairment rating evaluations (IRE) and how they can impact your Pennsylvania worker’s compensation case. Recently, the Pennsylvania Supreme Court in the case of Duffey v. WCAB, addressed whether an Impairment Rating physician evaluator is required to consider any “particular impairment” that is “due to” the compensable injury. Under… Read More »
WILL MY ATTEMPTS TO WORK AFFECT MY APPLICATION FOR SOCIAL SECURITY DISABILITY?
Claimants often ask if it will hurt their chances of getting Social Security Disability if they work prior to applying for Social Security Disability benefits. Most times, the answer is yes, but not always. Clearly, if you are able to work and earn above a certain amount, you not are disabled by the Social… Read More »
HOW MUCH DO I GET PAID UNDER PENNSYLVANIA WORKERS’ COMPENSATION?
Once you have suffered a work-related injury which disables you from your time-of-injury job, the employer must provide to the insurance carrier your wage records for the year preceding the injury. The insurance carrier is then required to determine your average weekly wage (AWW), which will form the basis of what you will be… Read More »
Pennsylvania State Senators Seek to Further Restrict Unemployment Benefits
Pennsylvania State Senator Mike Reagan recently introduced legislation seeking to amend the Pennsylvania Unemployment Compensation Act (“the Act”) making it more difficult for unemployment Claimants to collect benefits. Senate Bill No. 473 would amend section 402(b) of the Act which addresses eligibility when Claimants voluntarily leave work. Under existing law, a Claimant would be… Read More »
Happy St. Patrick’s Day
May the road rise up to meet you. May the wind be always at your back. May the sun shine warm upon your face; the rains fall soft upon your fields and until we meet again, may God hold you in the palm of His hand. From your Friends at Ira Weinstock, P.C.