Blog Updates
The Pennsylvania Supreme Court will decide the following issues in City of Philadelphia Fire Dept. v. WCAB (Sladek):
- Whether the Commonwealth Court, in a case of first impression, committed an error of law by misinterpreting Section 108(r) to require a firefighter diagnosed wit
In Lidey v. WCAB (Tropical Amusements, Inc.), the Commonwealth Court ruled that, under Section 309 of the Workers’ Compensation Act, a claimant’s average weekly wage must be calculated based upon how claimant earned his wages “at the time of the injury,” and not based upon another p
A claimant injured while taking a momentary departure from work to attend to personal comfort remains in the course and scope of employment and is entitled to workers’ compensation benefits for injuries occurring while attending to those personal needs. So ruled the Commonwealth Court in Starr
The Appeal Board has discretionary authority under Section 419 of the Workers’ Compensation Act to remand a case for a de novo proceeding when the Workers’ Compensation Judge has failed to consider all the evidence. According to the Commonwealth Court in McDaniel v. WCAB (Maramont Corp), the rem
So ruled the Commonwealth Court in Tioga Orchards, LLL v. WCAB (Gaffney). According to the Court, An “exclusively seasonal occupation” is one that, from its very nature, cannot be continuous or carried on throughout the year, but during fixed periods of it.
In Steele v. WCAB (Findlay Township), Commonwealth Court ruled that a volunteer firefighter seeking benefits for injuries based upon exposure to carcinogens must present evidence, pursuant to Section 301(f) of the Act of direct exposure to carcinogens as documented by PennFIRS reports.