The first session at tomorrow afternoon's (August 18, 2020) virtual conference, sponsored by Workers' Compensation Institute, has really piqued my interest. Entitled, "THE NEW AMA Guides®" (hereinafter "the Guides"), it begs the question: "When will the 7th Edition of the Guides be released?"....
Opinion Mondays: The AMA is on Another Collision Course With Protz Opinion Mondays: The AMA is on Another Collision Course With ProtzIn a decision that is turning heads in the Keystone State, the Supreme Court of Pennsylvania, stressing the importance differences between two words—“shall” and “may”—reversed a decision by the state’s...
PA Supreme Court “Corrects” Long-Standing Rule Regarding Award of Attorney’s Fees Against Employer Who Reasonably Contests Issues PA Supreme Court “Corrects” Long-Standing Rule Regarding Award of Attorney’s Fees Against Employer Who Reasonably Contests IssuesThe Pennsylvania Commonwealth Court held a WCJ appropriately relied upon the medical opinion of the employer’s examining physician in which the doctor opined that the workers’ compensation claimant had made...
PA Claimant’s Benefits Terminated: 18 Months of Home Remedies Did Not Constitute Medical Treatment PA Claimant’s Benefits Terminated: 18 Months of Home Remedies Did Not Constitute Medical TreatmentThe Supreme Court of Pennsylvania, affirming a decision by the state’s Commonwealth Court, held that the express terms of Section 306(a.1) of the state’s Workers’ Compensation Act [77 P.S. §...
PA Supreme Court Construes Benefits Disqualification During Incarceration Statute PA Supreme Court Construes Benefits Disqualification During Incarceration StatuteThe Commonwealth Court of Pennsylvania recently reversed a decision of the state's Board and found, contrary to the findings of both a WCJ and the Board, that an employer violated...
PA Court Says WCJ Erred in Failing to Award Attorney’s Fees to Claimant PA Court Says WCJ Erred in Failing to Award Attorney’s Fees to ClaimantA Pennsylvania appellate court held that where an injured worker resigned from his modified-duty position in order that he could be a “stay-at-home” dad, in part due to his injury,...
PA Injured Worker's Decision to Become Stay-at-Home Dad Proves to be Expensive PA Injured Worker's Decision to Become Stay-at-Home Dad Proves to be ExpensiveIn the continuing saga surrounding Pennsylvania’s Protz decision [see Protz v. Workers’ Compensation Appeal Board (Derry Area School District), 639 Pa. 645, 161 A.3d 827 (Pa. 2017)(Protz II)], the state’s...
PA Commonwealth Court Says Protz Decision Was Not "Fully Retroactive" PA Commonwealth Court Says Protz Decision Was Not "Fully Retroactive"