Monthly Archives: March 2013

If I Lose My Pennsylvania Workman’s Comp Case Can I Appeal It?

Yes. If you wish to appeal part of all of a Decision that was unfavorable to you,  you can file an appeal to the Pennsylvania Workers’ Compensation Appeal Board within 20 days of the Decision from the Workers’ Compensation Judge. It is strongly recommended that you review the Decision with your PA Work Comp Lawyer […]

City of Pittsburgh v. Workers’ Compensation Appeal Board (Robinson)- Totality Of The Circumstances And Voluntary Retirement

On March 25, 2013, the Pennsylvania Supreme Court affirmed a Commonwealth Court ruling that in a petition to suspend compensation benefits upon an alleged voluntary withdrawal from the workforce, the employer bears the burden of showing by the totality of the circumstances that the claimant has chosen not to return to the workforce. The Employer […]

“Notes On Assessing Credibility, The Value Of Surveillance Evidence, And Attorney Performance”- By Work Comp Judge David B Torrey

This article, written by Pennsylvania Workers’ Compensation Judge and Law Professor, David B. Torrey, is an excellent overview of his thoughts on 1) how a work comp judge assesses the credibility of an injured worker and other law witnesses, 2) whether surveillance evidence is effective, and 3) what behaviors of counsel can actually hurt his […]

Alfred Napierski v. Workers’ Compensation Appeal Board (Scobell Company, Inc.)- What Must Claimant Show For A Reinstatement Of Benefits After A Bad Faith Refusal Of An Available Job?

In January 2013, the Commonwealth Court of Pennsylvania, in Napierski v. WCAB (Scobell Company, Inc.), held that once a claimant has refused an available job in bad faith, his employer’s obligation to show job availability ceases. The claimant “must live with the consequences of [his] decision”, meaning he cannot remedy the situation by “subsequent action” […]

Earning Power Determinations Under The Pennsylvania Work Comp Law

For injuries suffered on or after June 24, 1996, an insurer may demonstrate an employee’s earning power by providing expert opinion evidence relative to the employee’s capacity to work. The evidence (See Section 123.302 of the Act 57 Regulations) shall include job listings with agencies of the Department, private job placement agencies and advertisements in […]

Information About Pennsylvania Workers’ Compensation Law

Below is a link that will give you the very basics about Pennsylvania Workers’ Compensation. This area of the law is quite complex, however, and it is strongly recommended that you speak to an experienced Pennsylvania Work Comp Lawyer– not someone who dabbles in it, but whose entire practice is dedicated to protecting injured workers. I […]