Author Archives: Jay Butchko
What is the Personal Comfort Doctrine In Pennsylvania Workers’ Compensation?
In the recent case of Starr Aviation v. Workers’ Compensation Appeal Board (Colquitt), the Pennsylvania Commonwealth Court addressed the “Personal Comfort Doctrine” in relation to an argument by the employer that an employee was not in the “course and scope of employment” during her injury and as a result should be denied workers’ compensation… Read More »
What You Should Know About Pennsylvania Unemployment Telephone Hearings
Last Fall, the Pennsylvania Department of Labor and Industry was required to lay off 500 employees who worked for the Unemployment Compensation Bureau as a result of a funding dispute between the state legislature and the Governor’s office. Many of these employees worked in Unemployment Service Centers throughout the state and others were Unemployment… Read More »
HOW TO GIVE YOURSELF THE BEST CHANCE TO WIN YOUR PENNSYLVANIA WORKER’S COMPENSATION CASE
Immediately report the injury no matter how insignificant it may be. DO NOT assume that “everyone knows” that you were injured. Memories fade and co-workers often “forget” that you informed them of an injury. Keep a written record of who you reported the injury to and what you told them. Pennsylvania Workers’ Compensation requires… Read More »
Can I Get Social Security Disability Due to Obesity?
The Centers for Disease Control and Prevention estimates that more than a third (36.5%) of U.S. adults suffer from obesity. Recognized obesity related conditions include heart disease, stroke, type 2 diabetes and some forms of cancer. Obesity was in the past one of the listed impairments, which meant that you would automatically be qualified… Read More »
STATUTE OF LIMITATIONS: WHAT DOES IT MEAN FOR PENNSYLVANIA WORKER’S COMPENSATION CASES?
In Pennsylvania civil and administrative law, if you want to file a lawsuit or file a claim for damages, you will usually have a certain period of time in which you will need to file that lawsuit or claim and if you don’t file within that period of time, you will be barred from… Read More »
What is “Paycheck Protection” and How Does it Affect My Union
On February 8, 2017 the Pennsylvania Senate passed legislation more commonly known as “Paycheck Protection.” The legislation was comprised of two bills. Senate Bill 166 prohibited “any outside organization from using the Commonwealth, or any of its political subdivisions, as an agent to collect money to be used for political purposes. “ The legislation… Read More »
Court Finds Convenience Store Employee Shot in Employer’s Parking Lot Eligible for Pennsylvania Workers’ Compensation Benefits
In a previous article we discussed the “Going and Coming Rule.” Generally, under the “Going and Coming Rule” injuries sustained while an employee is traveling to and from his place of employment are considered to be outside the course and scope of employment and are, therefore, not compensable under the Pennsylvania Workers’ Compensation Act…. Read More »
Fault v. Non-Fault Overpayment in Pennsylvania Unemployment Compensation
In the matter of Fugh v. Unemployment Compensation Board of Review, the Pennsylvania Commonwealth Court addressed whether an unemployment claimant who had incorrectly stated that “lack of work” was the reason for her unemployment could be found to have engaged in conduct which justified a fault overpayment of benefits. Under Pennsylvania Unemployment (UC) law,… Read More »
Pennsylvania Supreme Court Agrees to Hear Personal Injury Case Involving UM/UIM Claim and Statute of Limitations
In a previous article we discussed Uninsured (UM) and Underinsured (UIM) Motorist Coverage. Claims for these types of benefits are very common, especially during hard economic times when people attempt to save money by reducing their auto insurance coverage. You should be aware however, that if you make a claim for UM or UIM… Read More »
2017 Pennsylvania Workers’ Compensation Rates Released
Every year, the Pennsylvania Department of Labor and Industry determines the maximum workers’ compensation rate for injured workers who sustain an injury and associated wage loss for that year. For injured workers who sustain wage loss for the period of January 1, 2017 through December 31, 2017 the maximum amount of workers compensation the… Read More »