Monthly Archives: October 2009

>Pennsylvania Supreme Court Determines That Job Availability Pursuant to a Labor Market Survey Must Be Focused on Where Injury Occurred

>In Riddle v. WCAB, the Supreme Court of Pennsylvania has determined that when an employer pursues a Labor Market Survey under the Pennsylvania Workers’ Compensation Act, for non-residents, it “must focus its job availability analysis on the area where the injury occurred….” The Court found that the General Assembly defined the method for evaluating “earning […]

>The Claim Petition Process in Pennsylvania Workers’ Compensation Is Too Slow.

>Having spent over a decade litigating Pennsylvania Workers’ Compensation cases, I have to say that the system is quite fair overall. Both injured workers and employers/insurers have due process- the ability to be heard, the ability to present evidence, and to receive a “reasoned” decision from a Workers’ Compensation Judge. However, when an injured worker […]

>If I Worked Two Jobs, Does My Workers’ Compensation Rate Account for Lost Income from Both Jobs?

>Yes. This is called concurrent employment. Wages received from all concurrent separate employment are used to determine the Average Weekly Wage to calculate compensation payable by the liable employer. Act 12 of 1972 eliminated the requirement that the defendant-employer have knowledge of such concurrent employment prior to the incident. Concurrent means “at the time” of […]