Monthly Archives: July 2014
Cruz vs. Workers’ Compensation Appeal Board- What Is The Proper Allocation Of The Burden of Proof Between An Employer And A Workers’ Compensation Claimant Regarding The Injured Employee’s Legal Eligibility Under Federal Immigration Law To Obtain Suitable Employment When The Employer Seeks To Suspend Disability Benefits?
In this Supreme Court of Pennsylvania Decision, the Court held that the Employer bore the burden to prove that the loss of earning power of its employee, David Cruz, was due to his lack of United States citizenship or other legal work authorization in order to obtain a Suspension of his workers’ compensation disability benefits. […]
In a Commonwealth Court Decision dated June 30, 2014, the Court affirmed the Order of the Workers’ Compensation Appeal Board which affirmed the Workers’ Compensation Judge’s decision that $29,995.59 of work-related medical expenses were not directly payable to Claimant. See Evans v. WCAB (Highway Equipment And Supply Company) No. 2252 C.D. 2013. Claimant had filed […]
Do repetitive work injuries count as work-related injuries in Pennsylvania? Yes! Whether your injury was sustained suddenly, or from repetitive work activities, it is a work injury so long as 1) you were an employee at the time, 2) it occurred in the course and scope of your employment (ie, while you were working), and […]