CLAIM: DEFINITION OF INJURY

Size: px
Start display at page:

Download "CLAIM: DEFINITION OF INJURY"

Transcription

1 CHAPTER 5 CLAIM: DEFINITION OF INJURY I. INJURY (BEGINNING MAY 1, 1972) A. General Principles 1. [5.1] Act 61 of 1972, effective May 1, 1972, eliminated the requirement of an accident under section 301(a), 77 P.S. 431, and substituted the term injury in that section and throughout the entire Act. 2. [5.2] The definition of injury in section 301(c)(1), 77 P.S. 411(1), was changed from... violence to the physical structure of the body... to... an injury to an employee, regardless of his previous physical condition, arising in the course of his employment and related thereto... and includes aggravation, reactivation, acceleration, or death resulting from the injury. 3. [5.3] Section 301(c)(2), 77 P.S. 411(2), was added to the Act by Act 223 of 1972, and included within the definition of injury the occupational diseases defined in section 108, 77 P.S. 27.1, effective with exposures after June 30, The compensability of occupational diseases under the 1939 O.D. Act continues unchanged. For a discussion of the occupational disease aspects of prior and present law, see chapter 9, Occupational Disease Claims. 4. [5.4] The Commonwealth Court has rather consistently declined to define injury in more detail and has instead concentrated on a consideration of the question of whether the injury is related to the employment. In WCAB (Squillacioti) v. Bernard S. Pincus Co., 357 A.2d 707 (Pa.Cmwlth. 1976), aff d, 388 A.2d 659 (Pa. 1978), the court declined...to delineate an ecumenical definition of injury. The Pennsylvania Supreme Court allowed an appeal in Squillacioti and finally laid to rest any effort to incorporate pre May 1, 1972, accident concepts into the definition of post May 1, 1972, injury. The Supreme Court also concluded that no technical definition of injury was warranted and that a standard dictionary or common speech definition of injury was adequate for workers compensation purposes. For an extensive review of the definition of injury and disease under section 301(c)(1), 77 P.S. 411(l), see Pawlosky v. WCAB (Latrobe Brewing Co.), 525 A.2d 1204 (Pa. 1987). a. [5.5] Persons exposed to a serious risk of contracting a disease that is known to be highly contagious or infectious and potentially deadly have been injured for purposes of receiving compensation. Jackson Twp. Volunteer Fire Co. v. WCAB (Wallet), 57

2 [5.6] Chapter 5: Claim: Definition of Injury 594 A.2d 826 (Pa.Cmwlth. 1991) (ambulance worker exposed to AIDS and hepatitis B viruses attending to the victims of a crash was entitled to payment for tests necessary to determine if the viruses were contracted.) b. [5.6] An employee may be entitled to workers compensation benefits for payment of medical monitoring arising from exposure to hazardous materials despite the fact that the employee remains in good health and is asymptomatic. Brendley v. Pennsylvania Dep t of Labor & Industry, 926 A.2d 1276 (Pa.Cmwlth. 2007). COMMENT: [5.7] No mechanism exists for a class-action claim under which a group of workers can proceed under a single petition. c. [5.8] Any disease that is caused by the workplace (and any preexisting nonoccupational disease that is aggravated by the workplace) and related thereto is also compensable as an injury under section 301(c)(1), 77 P.S. 411(1). Pawlosky v. WCAB (Latrobe Brewing Co.), 525 A.2d 1204 (Pa. 1987). 5. [5.9] An injury need not be pinpointed to a specific event or definable incident as long as the injury arises in the course of employment and is related thereto. WCAB (Young) v. Bethlehem Steel Corp., 352 A.2d 571 (Pa.Cmwlth. 1976). Work-related disability may be shown to result from the cumulative effect of the recurring trauma of the work duties. Roberts v. WCAB (Double R Enters.), 719 A.2d 847 (Pa.Cmwlth. 1998) (foot condition); Curran v. WCAB (Maxwell Industries), 664 A.2d 667 (Pa.Cmwlth. 1995) (pulmonary disorder); Williamette Industries v. WCAB (Lockett), 647 A.2d 665 (Pa.Cmwlth. 1994) (carpal tunnel syndrome); Mancini s Bakery v. WCAB (Leone), 625 A.2d 1308 (Pa.Cmwlth. 1993) (arthritic knees); Capitol Area Transit Co. v. WCAB (Duncan), 466 A.2d 249 (Pa.Cmwlth. 1983) (hemorrhoids); Beaver Supermarket v. WCAB (Sheldrake), 424 A.2d 1023 (Pa.Cmwlth. 1981) (back); and WCAB (N.V.F. Co.) v. Hamilton, 346 A.2d 387 (Pa.Cmwlth. 1975) (epicondylitis). PRACTICE TIP: [5.10] In presenting the employee s evidence in a cumulative trauma case, it is necessary that the lay and medical testimony explain how each day in the workplace constitutes a separate trauma that substantially contributes to the ultimate inability to perform the time-of-injury job. The evidence should stress the number of times per day an activity is performed in the same postural movement. On the other hand, the employer s evidence should focus on the fact that the symptomatology and the diagnosis remain the same through the employee s last day of work, and that each day of work did not alter the natural course of the impairment. Of critical importance in this discussion is the requirement of the employee to give notice to the employer within 120 days of the injury. If the WCJ concludes that each day in the workplace constitutes a separate injury, the notice period will not begin to run until the employee s last day of work. (See also [3.55], page 33.) B. Aggravation of Preexisting Condition versus Recurrence 1. [5.11] The question of whether disability is the result of aggravation of a preexisting medical problem (occupational or nonoccupational) or a recurrence of a prior work injury has produced significant litigation. The issue often arises when one employer has different insurance carriers for each date of injury or when successive employers are potentially liable for the disability See C.P. Martin Ford, Inc. v. WCAB (Dzubur), 767 A.2d 1164 (Pa.Cmwlth. 2001); ITT-Hartford Ins. Group v. WCAB (Atlantic Mutual Ins. 58

3 Chapter 5: Claim: Definition of Injury [5.19] Co.), 688 A.2d 247 (Pa.Cmwlth. 1997); Blue Bell Printing v. WCAB (Montgomery Publ g Co.), 539 A.2d 933 (Pa.Cmwlth. 1988); Swartz v. WCAB (Dutch Pantry Restaurant), 543 A.2d 201 (Pa.Cmwlth. 1988). For a discussion of the compensability of aggravation of a preexisting nonoccupational disease, see [5.8], page [5.12] Act 44 provides that an injured employee may not collect benefits from two or more employers or insurers in excess of the maximum benefit provided by the Act. The new provisions, however, also permit the payment of benefits on a pro rata basis if the employee receives more than one injury while in the employ of more than one employer. The pro rata basis is to be determined in the same ratio that the wages of each employment bear to each other. Section 322, 77 P.S Section 322 applies to successive carriers as well as to successive employers. See Trenton China Pottery v. WCAB (Mensch), 773 A.2d 1265 (Pa.Cmwlth. 2001). COMMENT: [5.13] The actual mathematical calculations in Trenton China Pottery are difficult to reconcile with the principle of section 322, on which the case relies. 3. [5.14] The legislative intent of section 322 to allow apportionment was relied upon, in part, in apportioning liability between successive carriers for disability caused by successive injuries with one employer. Since the injuries equally contributed to the employee s total disability, compensation was ordered to be shared by each on a 50/50 basis. Franklin Steel Co. v. WCAB (Clark), 665 A.2d 1310 (Pa.Cmwlth. 1995). 4. [5.15] The WCJ can rely on medical expert testimony for a finding that separate injuries occurred, and apportionment can be allocated among the insurers. Guard Ins. Group v. WCAB (York), 864 A.2d 1285 (Pa.Cmwlth. 2005). 5. Multiple Injuries That Are Distinct in Nature and Apportionment of Liability (Section 322, 77 P.S. 677) a. [5.16] When two separate work-related injuries substantially contributed to the employee s ongoing disability, the apportionment of benefits between the insurers had to be based on the employee s earnings at the time each of the insurers provided coverage to the employer, and not in relation to any qualification of the prior injury s substantial contributions to the current disability. Safety Nat l Cas. Corp. v. WCAB (Draper), 887 A.2d 809 (Pa.Cmwlth. 2005). b. [5.17] Stated another way, when the employee was receiving partial disability benefits from the first employer at the time of another injury with a second employer, and both injuries substantially contributed to the ongoing total disability, the employee was entitled to partial disability from the first work-related injury and total disability from the second as long as the two combined did not exceed the SAWW for the second injury. Safety Nat l Cas. Corp. v. WCAB (Draper), 887 A.2d 809 (Pa.Cmwlth. 2005). COMMENTS: [5.18] The liability of the first employer appears to be capped at the partial disability rate being paid before the second injury. [5.19] Although the legislative intent is not clear, it may be argued that, at least in the case of injuries suffered with successive employers or carriers, the Act now provides a method of allocation between the two. However, to the extent that the successive injuries are similar, the litigation of the issue of recurrence versus new injury is probably not affected by Act

4 [5.20] Chapter 5: Claim: Definition of Injury PRACTICE TIP: [5.20] The practitioner is advised to familiarize the physician with the distinction between aggravation and recurrence and review some of the factual scenarios set forth below with the physician prior to commencing litigation. c. [5.21] Where an intervening work-related incident materially contributes to disability thereafter, that intervening incident constitutes a new injury. For a discussion of this and other factors to be considered with respect to the distinction between a new injury and a recurrence, see City of Williamsport v. WCAB (Schmuck), 423 A.2d 817 (Pa.Cmwlth. 1980). d. [5.22] If a subsequent aggravation occurs and the employee receives benefits for a new injury, medical evidence that concludes that the disability is due to both the aggravation/new injury and recurrence/prior old injury will support an award of continuing benefits payable by the second employer/insurer and not the original employer/insurer. East West Equip. Co. v. WCAB (Monarch Circuit Industries), 562 A.2d 958 (Pa.Cmwlth. 1989). e. [5.23] When the employee, after the initial injury, returned to work for a new employer, and suffered a recurrence of disability due to the first injury and later an aggravation of the injury due to the new employment, the WCJ did not commit an error of law in awarding ongoing partial benefits against the first employer and total benefits against the second employer. The combined benefits, however, cannot exceed the maximum compensation rate payable. Westmoreland Reg l Hosp. v. WCAB (Stopa), 789 A.2d 413 (Pa.Cmwlth. 2001); Reliable Foods, Inc. v. WCAB (Horrocks), 660 A.2d 162 (Pa.Cmwlth. 1995). f. [5.24] In L.E. Smith Glass Co. v. WCAB (Clawson), 813 A.2d 634 (Pa. 2002), the employee was not entitled to concurrent awards of total disability benefits up to the statutory maximum for the year of the second injury. Since the employee was already totally disabled due to the second injury when he suffered a recurrence of the first injury, there was no loss of earning power at that time and he was only entitled to temporary total disability benefits in connection with the second injury. PRACTICE TIP: [5.25] Where the employee has suffered more than one work-related injury over time, a careful analysis must be made as to which injury has resulted in total disability for purposes of determining the appropriate compensation rate. g. [5.26] Although a second period of disability may be found to have resulted from an aggravation and is payable by the employer at the time of aggravation, the WCJ may, if competent evidence is presented, find that ongoing disability is the result of the initial injury, i.e., the period of aggravation is transient. The employer at the time of the initial injury then becomes liable for continuing benefits. Pacemaker Driver Serv. v. WCAB (Merman), 571 A.2d 5 (Pa.Cmwlth. 1990). The court in Pacemaker remanded to the WCJ for findings regarding a number of questions raised, among them, the percentage that disability is attributable to both the initial and 60

5 Chapter 5: Claim: Definition of Injury [5.33] second incident. But see Refiners Transport & Terminal v. WCAB (Harris), 632 A.2d 979 (Pa.Cmwlth. 1993), where the court would not permit an allocation and held that the injury occurred on the last date of employment. h. [5.27] Work-related aggravation of asthma is compensable, but compensability ends when the work-related aggravation ends, even if the employee is not able to return to the work environment due to the potential of exacerbating the preexisting non work-related condition. Bethlehem Steel Corp. v. WCAB (Baxter), 708 A.2d 801 (Pa. 1998) (preexisting asthma was aggravated by work but lung function was restored to prior level following removal from workplace); Meadville Forging Co. v. WCAB (Hawes), 726 A.2d 1111 (Pa.Cmwlth. 1999) (not entitled to ongoing disability benefits once work-related aggravation of preexisting Raynaud s Phenomenon was resolved). See also Putz v. WCAB (Lupini Constr. Co.), 727 A.2d 1192 (Pa.Cmwlth. 1999); Giant Eagle, Inc. v. WCAB (Thomas), 725 A.2d 873 (Pa.Cmwlth. 1999). i. [5.28] Aggravation of preexisting, lifelong allergies that result in chronic disabling conjunctivitis is compensable. City of Philadelphia v. WCAB (Whaley-Campbell), 34 A.3d 871 (Pa.Cmwlth. 2011) (distinguishes Baxter, as the condition did not resolve once exposure to the aggravation factor ended). j. [5.29] Where the employee s work-related aggravation of a preexisting condition continues and the employee suffers a wage loss with a subsequent employer, the employee is entitled to partial disability benefits. Bethlehem Steel Corp. v. WCAB (Boles), 677 A.2d 857 (Pa.Cmwlth. 1996), aff d, 713 A.2d 1116 (Pa. 1998). k. [5.30] If the condition is actually caused by the employment, and the symptoms resolve once removed from the environment but would recur with reentry, then compensability for disability continues. Schrader Bellows Pneumatics v. WCAB (Earle), 711 A.2d 578 (Pa.Cmwlth. 1998). Benefits were denied where the WCJ accepted evidence that the employee only suffered a non work-related aggravation that was coincidental in time with his employment. Vazquez v. WCAB (Masonite Corp.), 687 A.2d 66 (Pa.Cmwlth. 1996). PRACTICE TIP: [5.31] In developing medical evidence in cases dealing with conditions that may be considered preexisting, it is important to determine whether there is any causal relationship as to the actual inception of the condition or whether any residual effect is causally related to work. 6. [5.32] When the evidence establishes that the additional period of disability is a recurrence rather than a new injury, it is improper for the WCJ to find a new injury. Zinc Corp. of America v. WCAB (Byers), 613 A.2d 563 (Pa.Cmwlth. 1992). Even though the second period of disability is preceded by a precipitating event, the WCJ may accept medical testimony that the disability is a recurrence and not a new injury. Smith v. WCAB (Caton), 606 A.2d 599 (Pa.Cmwlth. 1992). 7. [5.33] An injury unrelated to an employee s job is compensable if the injury is the proximate, natural, and probable result of prior work-related injuries. Bush Coal Co. v. WCAB (Adams), 499 A.2d 730 (Pa.Cmwlth. 1985); Topps Chewing Gum, Inc. v. WCAB (Demich), 485 A.2d 1237 (Pa.Cmwlth. 1985); GTE Sylvania v. WCAB (Lydon), 458 A.2d 1050 (Pa.Cmwlth. 1983). 61

6 [5.34] Chapter 5: Claim: Definition of Injury 8. [5.34] When the physiological stress of a fractured leg ultimately contributes to systemic organ failure and death, the loss of life is compensable. Pennsylvania State Univ. v. WCAB (Rabin), 53 A.3d 126 (Pa.Cmwlth. 2012). 9. [5.35] Where the claimant in good faith seeks medical treatment for his or her injury, and the medical treatment itself either aggravates the existing injury or causes new or additional injury, the law regards the latter as having been caused by the original accident. The subsequent aggravation or new injury is attributable to the original accident even in cases of mistaken diagnosis, unnecessary operations, and negligence in treatment. WCAB (Bartosevich) v. Ira Berger & Sons, 368 A.2d 282, 284 (Pa. 1977) (quoting Hurchick v. Falls Twp. Bd. of Supervisors, 198 A.2d 356 (Pa.Super. 1964)). For a discussion of injuries arising from travel to and from treatment for a work injury, see chapter 7, [7.75] et seq., starting at page 87. C. Psychological Injury 1. Claim of Psychological Injury [5.36] Disabilities caused by psychological/mental elements may be considered to be injuries under the Act and, therefore, compensable if the other elements needed to establish a claim are met, and fall into three discrete areas: a. [5.37] physical stimulus causing psychic injury, the physical/mental association; b. [5.38] psychological stimulus causing psychic injury, the mental/mental association; c. [5.39] psychological stimulus causing physical injury, the mental/physical association. 2. Physical/Mental Injury a. [5.40] Post-traumatic psychological disabilities brought about by work-related physical injuries are compensable. County of Dauphin v. WCAB (Davis), 582 A.2d 434 (Pa.Cmwlth. 1990); Chamberlain Mfg. Corp. v. WCAB (Wolter), 405 A.2d 1375 (Pa.Cmwlth. 1979); Dill Products v. WCAB (Cuff), 401 A.2d 409 (Pa.Cmwlth. 1979). b. [5.41] It is not necessary for the employee to prove that he or she suffered a physical disability that caused the mental disability, but rather only to show that a physical stimulus resulted in the mental disability. Bartholetti v. WCAB (School Dist. of Philadelphia), 927 A.2d 743 (Pa.Cmwlth. 2007); Donovan v. WCAB (Academy Med. Realty), 739 A.2d 1156 (Pa.Cmwlth. 1999). c. [5.42] When an employee developed post-traumatic stress disorder resulting from a motor vehicle accident caused by a suicidal driver, the accident constitutes a triggering physical event, and it is unnecessary to demonstrate an abnormal working condition. New Enterprise Stone & Lime Co. v. WCAB (Kalmanowicz), 59 A.3d 670 (Pa.Cmwlth. 2012). 3. Mental/Mental Injury [5.43] The employee claiming a psychiatric disability due to emotional, nonphysical stimuli at work has a greater burden of proof than the employee claiming physical injury or physical stimuli causing a resultant emotional injury. This different burden of proof was endorsed by the Pennsylvania Supreme Court in Martin v. Ketchum, Inc., 568 A.2d 159 (Pa. 1990). The work-related stress must be caused by actual objective abnormal working conditions, as opposed to subjective, perceived, or imagined employment events. Martin, US Airways, and Thomas v. WCAB (Atlantic Refining Co.), 423 A.2d 784 (Pa.Cmwlth. 1980). The applicable law relating to mental illness is reviewed in detail in Martin, Hammerle v. WCAB (Department of Agric., Bur. of Dog Law 62

7 Chapter 5: Claim: Definition of Injury [5.51] Enforcement), 490 A.2d 494 (Pa.Cmwlth. 1985), and Bell Telephone Co. of Pennsylvania v. WCAB (DeMay) and Bell Telephone Co. of Pennsylvania v. WCAB (Salsberry), 487 A.2d 1053 (Pa.Cmwlth. 1985). a. [5.44] A long-term process of mental or emotional deterioration may be compensable. See McDonough v. WCAB (Commonwealth, Dep t of Transp.), 470 A.2d 1099 (Pa.Cmwlth. 1984). b. [5.45] Constitutional challenges to this different burden of proof have not been successful. See Pate v. WCAB (Boeing Vertol Co.), 522 A.2d 166 (Pa.Cmwlth. 1987). Furthermore, having such a different burden of proof does not violate the Americans with Disabilities Act, 42 U.S.C Berninger v. WCAB (East Hempfield Twp.), 761 A.2d 218 (Pa.Cmwlth. 2000). c. [5.46] Unequivocal medical evidence is required to establish that the resulting psychological disability is causally related to the abnormal working condition. Romanies v. WCAB (Borough of Leesport), 644 A.2d 1164 (Pa. 1994). d. [5.47] The determination of an abnormal working condition is highly fact-sensitive, and the findings of the WCJ should not be disturbed unless these findings are arbitrary and capricious. Payes v. WCAB (Commonwealth PA State Police), 79 A.3d 543, (Pa. 2013). The abnormal working condition analysis must be based on content, intensity, duration, and frequency of the offending behavior. RAG (Cyprus) Emerald Resources, L.P. v. WCAB (Hopton), 912 A.2d 1278 (Pa. 2007). e. [5.48] The Supreme Court in Payes has set forth the following criteria for determining if a psychiatric disability without a physical stimulus (mental/mental) injury is compensable: (1) the claimant s psychological injury has been objectively verified, (2) it has been traced to an identifiable source, and (3) that incident alone, and not any purported comparable set of incidents, was abnormal. Payes, above. f. [5.49] The conditions of employment or inherent risk related thereto are not a controlling factor in the determination of an abnormal working condition. Therefore, the mental injury of a police officer arising from an event in which a woman committed suicide by jumping in front of his police vehicle was found compensable despite the inherent risk of the officer s work or training in preparation for such an occurrence. Payes, above. COMMENT: [5.50] The holdings in the following cases must be read in light of the decision in Payes: (1) [5.51] For objective employment events to be considered abnormal, they must be considered in relation to the specific employment. Antus v. WCAB (Sawhill Tubular Div. Cyclops Industries, Inc.), 625 A.2d 760 (Pa.Cmwlth. 1993); Williams v. WCAB (Philadelphia Nat l Bank), 548 A.2d 1344 (Pa.Cmwlth. 1988); Sibrava v. WCAB (Trans World Airlines), 537 A.2d 75 (Pa.Cmwlth. 1988); and Pate v. WCAB (Boeing Vertol Co.), 522 A.2d 166 (Pa.Cmwlth. 1987). Even when the employment is highly stressful, such as police, firefighter, and rescue worker vocations, the comparison is to other police, rescue workers, and firefighters. See Washington v. WCAB (Commonwealth of Pa. State Police), 11 A.3d 48 (Pa.Cmwlth. 2011); Linskey v. WCAB (City of Philadelphia), 699 A.2d 818 (Pa.Cmwlth. 1997); Clowes v. WCAB (City of Pittsburgh), 639 A.2d 944 (Pa.Cmwlth. 1994); Cadden v. WCAB (City of Philadelphia), 579 A.2d 1378 (Pa.Cmwlth. 1990); and City of Wilkes-Barre v. WCAB (Swan), 567 A.2d 771 (Pa.Cmwlth. 1989). In these cases, benefits were denied since the particular 63

8 [5.52] Chapter 5: Claim: Definition of Injury employees were not under any more stress than expected of police and firefighters. The same result was reached in Isbell v. WCAB (Department of Corrections), 751 A.2d 268 (Pa.Cmwlth. 2000), where the employee was employed as a corrections officer. But see City of Scranton v. WCAB (Hart), 583 A.2d 852 (Pa.Cmwlth. 1990), where the particular facts caused a different result and benefits were awarded. (2) [5.52] An injury occurring as the result of a foreseeable risk is not the result of an abnormal working condition. PA Liquor Control Bd. v. WCAB (Kochanowicz), 29 A.3d 105 (Pa.Cmwlth. 2011) (training on violence in a high-risk environment), app. granted, vac., rem d by A.3d, No. 779 MAL 2011 (Pa. February 12, 2014) (remanded for further determination based on Payes). (3) [5.53] Even the exposure to horrible working conditions must be viewed in terms of the specific employment, and the Commonwealth Court held that it was not unusual for nurses in prisons to be touched or struck with urine, feces, and all kinds of other bodily fluids and to attend to self-mutilation wounds. Babich v. WCAB (CPA Dep t of Corrections), 922 A.2d 57 (Pa.Cmwlth. 2007). PRACTICE TIP: [5.54] The practitioner should be very cautious before proceeding with a mental/mental case. Despite the Supreme Court s decision in Payes, the appellate courts may still be reluctant to find these cases compensable. g. [5.55] Some examples of where claims have been denied (not abnormal working conditions) are as follows: Working Conditions Considered NOT Abnormal Facts [5.56] Door-to-door salesperson robbed at gunpoint. [5.57] Harassment and abuse by supervisors. Case Kennelty v. WCAB (Schwan s Home Serv., Inc.), 934 A.2d 692 (Pa. 2007). Philadelphia Newspapers, Inc. v. WCAB (Guaracino), 675 A.2d 1213 (Pa. 1996); Heath v. WCAB (Pennsylvania Bd. of Probation & Parole), 860 A.2d 25 (Pa. 2004); McKinney v. WCAB (Decision Data), 752 A.2d 928 (Pa.Cmwlth. 2000), rev d per curiam, 770 A.2d 326 (Pa. 2001); Davis v. WCAB (City of Philadelphia), 753 A.2d 905 (Pa.Cmwlth. 2000); Supervalu, Inc. v. WCAB (Pettinato), 727 A.2d 1174 (Pa.Cmwlth. 1999). 64

9 Chapter 5: Claim: Definition of Injury [5.62] Working Conditions Considered NOT Abnormal (Continued) Facts [5.58] A change of job duties including added responsibilities. Case Hershey Chocolate Co. v. WCAB (Lasher), 682 A.2d 1257 (Pa. 1996); Wilson v. WCAB (Alcoa), 669 A.2d 338 (Pa. 1996); Scott v. WCAB (Jeanes Hosp.), 732 A.2d 29 (Pa.Cmwlth. 1999); Aument v. WCAB (Flexsteel Industries, Inc.), 720 A.2d 1095 (Pa.Cmwlth. 1998); Kelly v. WCAB (PPG Industries, Inc.), 632 A.2d 1042 (Pa.Cmwlth. 1993); Przychodzki v. WCAB (Wyeth Lab.), 632 A.2d 1048 (Pa.Cmwlth. 1993); Smith v. WCAB (Department of Labor & Industry), 632 A.2d 1033 (Pa.Cmwlth. 1993); Antus v. WCAB (Sawhill Tubular Div. Cyclops Industries, Inc.), 625 A.2d 760 (Pa.Cmwlth. 1993). [5.59] Concerns over economic issues. Gulick v. WCAB (Pepsi-Cola Operating Co.), 711 A.2d 585 (Pa.Cmwlth. 1998); P.R. Hoffman Materials v. WCAB (Zeigler), 707 A.2d 1184 (Pa.Cmwlth. 1998); Birenbaum v. WCAB (English Greenhouse Products Corp.), 632 A.2d 1037 (Pa.Cmwlth. 1993); Greco v. WCAB (Classic Carpet Serv. Co.), 625 A.2d 1273 (Pa.Cmwlth. 1993). [5.60] Police, fire, and emergency service personnel. [5.61] Fear of bodily harm from potential criminal conduct (potential danger is not sufficient). Washington v. WCAB (Commonwealth of Pa. State Police), 11 A.3d 48 (Pa.Cmwlth. 2011); Farmery v. WCAB (City of Philadelphia), 776 A.2d 349 (Pa.Cmwlth. 2001); Rydzewski v. WCAB (City of Philadelphia), 767 A.2d 13 (Pa.Cmwlth. 2001); Young v. WCAB (New Sewickley Police Dep t), 737 A.2d 317 (Pa.Cmwlth. 1999); Linskey v. WCAB (City of Philadelphia), 699 A.2d 818 (Pa.Cmwlth. 1997); City of Philadelphia v. WCAB (Brasten), 682 A.2d 875 (Pa.Cmwlth. 1996), aff d, by equally divided court, 728 A.2d 938 (Pa. 1999). City of Pittsburgh v. WCAB (Plowden), 804 A.2d 82 (Pa.Cmwlth. 2002); McLaurin v. WCAB (SEPTA), 980 A.2d 186 (Pa.Cmwlth. 2009). [5.62] Armed robbery in a liquor store. PA Liquor Control Bd. v. WCAB (Kochanowicz), 29 A.3d 105 (Pa.Cmwlth. 2011), app. granted, vac., rem d by A.3d, No. 779 MAL 2011 (Pa. February 12, 2014) (remanded for further determination based on Payes). 65

10 [5.63] Chapter 5: Claim: Definition of Injury Working Conditions Considered NOT Abnormal (Continued) Facts [5.63] Combative patient behavior against a mental health worker trained to deal with such situations. [5.64] Termination of employment resulting in a fatal heart attack. Case Anderson v. WCAB (Washington Greene Alternative), 862 A.2d 678 (Pa.Cmwlth. 2004). Erie Bolt Corp. v. WCAB (Elderkin), 777 A.2d 1169 (Pa.Cmwlth. 1998), rev d per curiam, 753 A.2d 1289 (Pa. 2000). h. [5.65] The following are examples of cases in which claims were granted for abnormal working conditions: Working Conditions Considered Abnormal Facts [5.66] Crude sexual comments demonstrating a course of conduct of a supervisory employee clearly calculated to cause severe emotional distress. [5.67] Religious and cultural harassment in addition to sexual harassment. [5.68] Wrongfully accused of a crime by a supervisor. [5.69] Verbal reprimands or actual harassment. [5.70] Wrongfully accused of falsifying time records combined with physical and verbal abuse and then terminated for a false reason. [5.71] Dramatic change in working conditions. Case RAG (Cyprus) Emerald Resources, L.P. v. WCAB (Hopton), 912 A.2d 1278 (Pa. 2007). Community Empowerment Ass n v. WCAB (Porch), 962 A.2d 1 (Pa.Cmwlth. 2008). Miller v. WCAB (New Wilmington Fam. Practice), 724 A.2d 971 (Pa.Cmwlth. 1999). Arthrell v. WCAB (Pennsylvania State Police), 624 A.2d 686 (Pa.Cmwlth. 1993); Archer v. WCAB (General Motors), 587 A.2d 901 (Pa.Cmwlth. 1991). U.S. Airways v. WCAB (Long), 756 A.2d 96 (Pa.Cmwlth. 2000); see also Borough of Beaver v. WCAB (Rose), 810 A.2d 713 (Pa.Cmwlth. 2002). Zink v. WCAB (Graphic Packaging, Inc.), 828 A.2d 456 (Pa.Cmwlth. 2003) (Zink I); Selkow v. WCAB (Anchor Davis-Jay Box Co.), 662 A.2d 31 (Pa.Cmwlth. 1995). [5.72] Near encounter with serious injury. Monessen, Inc. v. WCAB (Marsh), 631 A.2d 1119 (Pa.Cmwlth. 1993). 66

11 Chapter 5: Claim: Definition of Injury [5.77] Working Conditions Considered Abnormal (Continued) Facts [5.73] Employer s failure to contribute to the union health fund and pay into Social Security after making deductions therefor from the employee s paycheck constituted the employer s systematic theft of money from the employee that threatened his financial security. Case C. Hannah & Sons Constr. v. WCAB (Days), 784 A.2d 860 (Pa.Cmwlth. 2001). i. [5.74] Objective evidence corroborating an employee s perception is usually necessary to determine the existence of abnormal working conditions. An employee s testimony alone is not sufficient. Andracki v. WCAB (Allied Eastern States Maint.), 508 A.2d 624 (Pa.Cmwlth. 1986); Russella v. WCAB (National Foam Sys., Inc.), 497 A.2d 290 (Pa.Cmwlth. 1985). When the employee claimed that co-employees and the employer harassed the employee, corroborative evidence was required. Waldo v. WCAB (Erie Metro. Transit Auth.), 582 A.2d 1147 (Pa.Cmwlth. 1990). j. [5.75] Objective evidence corroborating an employee s perception is not necessary to determine the existence of abnormal working conditions under certain circumstances. Where an employee alleges harassment by supervisors, including the use of foul and derogatory language, corroboration of the event is not necessary. Archer v. WCAB (General Motors), 587 A.2d 901 (Pa.Cmwlth. 1991). Furthermore, corroborative evidence is not necessary where actual events are described as occurring and are found to have occurred by the WCJ. Philadelphia Electric Co. v. WCAB (Miller), 643 A.2d 1186 (Pa.Cmwlth. 1994); Monessen, Inc. v. WCAB (Marsh), 631 A.2d 1119 (Pa.Cmwlth. 1993); Reigle v. WCAB (Federal Express), 601 A.2d 1331 (Pa.Cmwlth. 1992). k. [5.76] To establish that an increased workload constitutes abnormal working conditions, an employee must prove that it was unusual for that position. Hershey Chocolate Co. v. WCAB (Lasher), 682 A.2d 1257 (Pa. 1996). It is not sufficient to prove that the duties are onerous to the employee. Supervalu, Inc. v. WCAB (Pettinato), 727 A.2d 1174 (Pa.Cmwlth. 1999). Further, new job duties will supply the abnormal working condition requirement only when a mental deterioration takes place over a number of years, and not when there is a rapid onset. Antus v. WCAB (Sawhill Tubular Div. Cyclops Industries, Inc.), 625 A.2d 760 (Pa.Cmwlth. 1993). l. [5.77] Where the employee had been awarded total disability benefits for posttraumatic stress disorder in a mental/mental case and then returned to work resulting in a suspension of benefits but disability recurred, the employee was not required to prove new abnormal working conditions to be entitled to reinstatement of benefits. Wertz v. WCAB (Department of Corrections), 683 A.2d 1287 (Pa.Cmwlth. 1996). For reinstatement of benefits, an employee suffering a previously accepted psychological injury need only meet the same burden as one suffering a physical injury as set forth in Pieper v. Ametek-Thermox Instruments Div., 584 A.2d 301 (Pa. 1990). 67

PENNSYLVANIA S MENTAL LAPSE: A HISTORY OF PENNSYLVANIA S TREATMENT OF MENTAL DISABILITIES CAUSED BY MENTAL STRESS IN WORKERS COMPENSATION

PENNSYLVANIA S MENTAL LAPSE: A HISTORY OF PENNSYLVANIA S TREATMENT OF MENTAL DISABILITIES CAUSED BY MENTAL STRESS IN WORKERS COMPENSATION Winner of the Grand Prize in the law student essay contest held in commemoration of the Centennial PENNSYLVANIA S MENTAL LAPSE: A HISTORY OF PENNSYLVANIA S TREATMENT OF MENTAL DISABILITIES CAUSED BY MENTAL

More information

STATE OF UTAH WORKERS COMPENSATION COMPENDIUM OF LAW

STATE OF UTAH WORKERS COMPENSATION COMPENDIUM OF LAW STATE OF UTAH WORKERS COMPENSATION COMPENDIUM OF LAW Prepared by Ryan P. Atkinson, Esq. STRONG & HANNI 3 Triad Center, Suite 500 Salt Lake City, UT 84180 Telephone: (801) 532-7080 Facsimile: (801) 596-1508

More information

IN THE COMMONWEALTH COURT OF PENNSYLVANIA

IN THE COMMONWEALTH COURT OF PENNSYLVANIA IN THE COMMONWEALTH COURT OF PENNSYLVANIA Karen Davis, No. 216 C.D. 2015 Petitioner Argued November 16, 2015 v. Workers Compensation Appeal Board (PA Social Services Union and Netherlands Insurance Company),

More information

INVESTIGATING THE CLAIM

INVESTIGATING THE CLAIM INVESTIGATING THE CLAIM Index Reports of Injury/Determining Compensability Denials OVERVIEW: This section outlines the insurer s obligations when a claim for compensation has been filed, and discusses

More information

BUILDING A WORKERS COMPENSATION DEFENSE ARSENAL IN A WORLD OF MISTRUST

BUILDING A WORKERS COMPENSATION DEFENSE ARSENAL IN A WORLD OF MISTRUST BUILDING A WORKERS COMPENSATION DEFENSE ARSENAL IN A WORLD OF MISTRUST By: Christian A. Davis, Esquire and Wendy S. Smith, Esquire of Weber Gallagher Simpson Stapleton Fires & Newby LLP As a practicing

More information

On April 6, 2004, a Board Hearing Officer confirmed the Case Manager s findings.

On April 6, 2004, a Board Hearing Officer confirmed the Case Manager s findings. 1 CLAIM HISTORY AND APPEAL PROCEEDINGS: The Worker was employed in a coal mine operation from 1978 until 2001, primarily as a long wall electrician. He was also a member of the mine rescue team (a Drägerman

More information

The Chartwell Law Offices, LLP

The Chartwell Law Offices, LLP The Chartwell Law Offices, LLP Valley Forge: Valley Forge Corporate Center 2621 Van Buren Avenue Norristown, PA 19403 (610) 666-7700 (610) 666-7704 - Fax Pittsburgh: 409 Broad Street, Suite 200 Sewickley,

More information

STATE OF MISSISSIPPI WORKERS COMPENSATION COMPENDIUM OF LAW

STATE OF MISSISSIPPI WORKERS COMPENSATION COMPENDIUM OF LAW STATE OF MISSISSIPPI WORKERS COMPENSATION COMPENDIUM OF LAW Part One: The Employment Relationship & Scope of Compensability Prepared By Copeland, Cook, Taylor and Bush, P.A 600 Concourse, Suite 100 1076

More information

CAUSALITY. G:medcost/acc/cur/2001 Level I Curriculum wwrev. 1/2008-13 -

CAUSALITY. G:medcost/acc/cur/2001 Level I Curriculum wwrev. 1/2008-13 - CAUSALITY G:medcost/acc/cur/2001 Level I Curriculum wwrev. 1/2008-13 - Determining Causality in Workers Compensation Objectives: Define an authorized treating physician. List the principles of risk assessment

More information

The Employers Guide to. Pennsylvania s Workers Compensation Law

The Employers Guide to. Pennsylvania s Workers Compensation Law The Employers Guide to Pennsylvania s Workers Compensation Law Table of Contents About this Guide. 3 The Pennsylvania Workers Compensation Act: An Overview for the Pennsylvania Employer....4 Your Duties

More information

Guide for Filing WorkSafeBC Mental Disorder Claims

Guide for Filing WorkSafeBC Mental Disorder Claims Canadian Union of Public Employees Guide for Filing WorkSafeBC Mental Disorder Claims WCB Advocacy Department BC Regional Office Tom McKenna, National Representative, WCB Advocacy Nothing in this Guide

More information

THE MONTH IN PENNSYLVANIA WORKERS COMPENSATION: MARCH 2015 AT A GLANCE BY MITCHELL I GOLDING, ESQ

THE MONTH IN PENNSYLVANIA WORKERS COMPENSATION: MARCH 2015 AT A GLANCE BY MITCHELL I GOLDING, ESQ THE MONTH IN PENNSYLVANIA WORKERS COMPENSATION: MARCH 2015 AT A GLANCE BY MITCHELL I GOLDING, ESQ. KENNEDY, CAMPBELL, LIPSKI & DOCHNEY (W) 215-861-6709 ANSWER The sanctions of filing a late answer pursuant

More information

IN THE COMMONWEALTH COURT OF PENNSYLVANIA

IN THE COMMONWEALTH COURT OF PENNSYLVANIA IN THE COMMONWEALTH COURT OF PENNSYLVANIA Jamie Whitesell, : Petitioner : : v. : No. 205 C.D. 2013 : Submitted: June 7, 2013 Workers Compensation Appeal : Board (Staples, Inc.), : Respondent : BEFORE:

More information

PROVING THE STRESS CLAIM. by Gordon Reiselt. mailto:gr@kbh-lawfirm.com

PROVING THE STRESS CLAIM. by Gordon Reiselt. mailto:gr@kbh-lawfirm.com PROVING THE STRESS CLAIM by Gordon Reiselt mailto:gr@kbh-lawfirm.com Stress claims under the Federal Employees Compensation Act are difficult to prove. Claimants who are placed in a position to file such

More information

Table of Contents. A Message From Attorney Edgar Snyder 1. Eligibility for Workers Compensation 3. Types of Workers Compensation Claims 5

Table of Contents. A Message From Attorney Edgar Snyder 1. Eligibility for Workers Compensation 3. Types of Workers Compensation Claims 5 Table of Contents A Message From Attorney Edgar Snyder 1 Eligibility for Workers Compensation 3 Types of Workers Compensation Claims 5 Workers Compensation Benefits Payments 9 The Hearing Process 13 The

More information

WORKERS COMPENSATION IN RHODE ISLAND A SUMMARY OF THE LAW

WORKERS COMPENSATION IN RHODE ISLAND A SUMMARY OF THE LAW WORKERS COMPENSATION IN RHODE ISLAND A SUMMARY OF THE LAW PREPARED BY ATTORNEY GARY J. LEVINE 369 SOUTH MAIN STREET PROVIDENCE, RI 09203 401-521-3100 www.workerscompri.com TABLE OF CONTENTS INJURIES COVERED

More information

IN THE COMMONWEALTH COURT OF PENNSYLVANIA

IN THE COMMONWEALTH COURT OF PENNSYLVANIA IN THE COMMONWEALTH COURT OF PENNSYLVANIA ELIZABETH J. SWARTZ, Administratrix of the Estate of JOHN P. SWARTZ, Petitioner v. No. 2254 C.D. 1999 ARGUED April 12, 2000 WORKERS' COMPENSATION APPEAL BOARD

More information

IN THE COMMONWEALTH COURT OF PENNSYLVANIA

IN THE COMMONWEALTH COURT OF PENNSYLVANIA IN THE COMMONWEALTH COURT OF PENNSYLVANIA Nancy Keller, : Petitioner : : v. : : Workers Compensation Appeal : Board (UPMC Presbyterian : Shadyside), : No. 370 C.D. 2014 Respondent : Submitted: September

More information

IN THE COMMONWEALTH COURT OF PENNSYLVANIA

IN THE COMMONWEALTH COURT OF PENNSYLVANIA IN THE COMMONWEALTH COURT OF PENNSYLVANIA Pennsylvania Department of Corrections/State Correctional Institution-Somerset, Petitioner v. Workers' Compensation Appeal Board (Kirchner), No. 2700 C.D. 2001

More information

Guide for Injured Workers

Guide for Injured Workers Guide for Injured Workers This is a guide to Oklahoma workers' compensation law and rules. It is based on laws and rules in effect in 2015. Laws and rules can change by acts of the Legislature, rulemaking

More information

Pennsylvania Supreme Court Resolves Statutory Inconsistencies in Three Cases

Pennsylvania Supreme Court Resolves Statutory Inconsistencies in Three Cases Pennsylvania Supreme Court Resolves Statutory Inconsistencies in Three Cases Deborah A. Beck HARRISBURG OFFICE 3510 Trindle Road Camp Hill, PA 17011 717-975-8114 PITTSBURGH OFFICE 525 William Penn Place

More information

CONSEQUENTIAL PSYCHOLOGICAL INJURIES IN MINNESOTA WORKERS COMPENSATION

CONSEQUENTIAL PSYCHOLOGICAL INJURIES IN MINNESOTA WORKERS COMPENSATION CONSEQUENTIAL PSYCHOLOGICAL INJURIES IN MINNESOTA WORKERS COMPENSATION By: Charles M. Cochrane, Cochrane Law Office, P.A., Roseville, Minnesota In my years of practice representing injured workers, there

More information

STATE OF TENNESSEE WORKERS COMPENSATION ADVISORY COUNCIL ~~~~~~~~ ~~~~~~~~

STATE OF TENNESSEE WORKERS COMPENSATION ADVISORY COUNCIL ~~~~~~~~ ~~~~~~~~ STATE OF TENNESSEE WORKERS COMPENSATION ADVISORY COUNCIL ~~~~~~~~ REPORT ON DEFINITION OF INJURY AND PERSONAL INJURY ~~~~~~~~ INTRODUCTION Public Chapter 952, Section 30, codified as TCA 50-6-121(k), requires

More information

IN THE COMMONWEALTH COURT OF PENNSYLVANIA

IN THE COMMONWEALTH COURT OF PENNSYLVANIA IN THE COMMONWEALTH COURT OF PENNSYLVANIA Wilma Coddington, : : No. 1226 C.D. 2012 Petitioner : Submitted: November 16, 2012 v. : : Workers' Compensation Appeal : Board (Lynchholm Holsteins and : State

More information

FactsforWorkers.com A Legal Information Resource for Workers provided by Hedberg & Boulton, P.C.

FactsforWorkers.com A Legal Information Resource for Workers provided by Hedberg & Boulton, P.C. FactsforWorkers.com A Legal Information Resource for Workers provided by Hedberg & Boulton, P.C. Iowa Workers Compensation Law Fast Facts An Overview on Work-Related Injuries for Iowa Workers What is Workers

More information

Injury Allowance a guide for employers

Injury Allowance a guide for employers Injury Allowance a guide for employers Introduction 1 Section 22 of the NHS terms and conditions of service handbook contains provisions for a new allowance known as the Injury Allowance that is effective

More information

Workers Compensation and Seniors

Workers Compensation and Seniors Chapter 10 Workers Compensation and Seniors Gregory B. Cairns, Esq. Cairns & Associates, P.C. SYNOPSIS 10-1. Workers Compensation 10-2. Benefits Available 10-3. Filing a Workers Compensation Claim 10-4.

More information

C L A I M S M A N A G E M E N T & M I T I G A T I O N - W O R K I N J U R I E S I N T H E T R U C K I N G I N D U S T R Y M a y 6, 2 0 1 5

C L A I M S M A N A G E M E N T & M I T I G A T I O N - W O R K I N J U R I E S I N T H E T R U C K I N G I N D U S T R Y M a y 6, 2 0 1 5 C L A I M S M A N A G E M E N T & M I T I G A T I O N - W O R K I N J U R I E S I N T H E T R U C K I N G I N D U S T R Y M a y 6, 2 0 1 5 T H E D E A D L I E S T J O B S S T AG G E R I N G N U M B E

More information

Summary of New South Carolina Workers Compensation Laws For Injuries On or After July 1, 2007

Summary of New South Carolina Workers Compensation Laws For Injuries On or After July 1, 2007 Summary of New South Carolina Workers Compensation Laws For Injuries On or After July 1, 2007 Appeals o 1-23-600(D): Cuts out the Circuit Court chain of appeal. Appeals from the Full Commission go directly

More information

AN EMPLOYER S GUIDE TO WORKERS COMPENSATION IN NEW JERSEY

AN EMPLOYER S GUIDE TO WORKERS COMPENSATION IN NEW JERSEY AN EMPLOYER S GUIDE TO WORKERS COMPENSATION IN NEW JERSEY I. WHAT IS WORKERS COMPENSATION?... 2 II. WORKERS COMPENSATION BENEFITS... 3 III. INSURANCE REQUIREMENTS... 4 Types of Coverage Definition of Employee

More information

IN THE COMMONWEALTH COURT OF PENNSYLVANIA

IN THE COMMONWEALTH COURT OF PENNSYLVANIA IN THE COMMONWEALTH COURT OF PENNSYLVANIA Jacqueline Fields, : Petitioner : : v. : No. 42 C.D. 2014 : Argued: October 6, 2014 Workers Compensation Appeal : Board (City of Philadelphia), : Respondent :

More information

WORKERS COMPENSATION GLOSSARY

WORKERS COMPENSATION GLOSSARY WORKERS COMPENSATION GLOSSARY ACCIDENT An unplanned and unexpected event which occurs suddenly and at a definite place resulting in injury and/or damage. ACCIDENT FREQUENCY The rate of the occurrence of

More information

FIRST JUDICIAL DISTRICT OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COURT TERM: NO.

FIRST JUDICIAL DISTRICT OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COURT TERM: NO. FIRST JUDICIAL DISTRICT OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF PHILADELPHIA PLAINTIFF(S) v. DEFENDANT(S) CIVIL TRIAL DIVISION Compulsory Arbitration Program COURT TERM: NO. Defendant s Interrogatories

More information

Benefits. Mary S. Kohnke Wagner, Esq. Marshall, Dennehey, Warner, Coleman & Goggin. The following sections explain each element.

Benefits. Mary S. Kohnke Wagner, Esq. Marshall, Dennehey, Warner, Coleman & Goggin. The following sections explain each element. 5 Mary S. Kohnke Wagner, Esq. Marshall, Dennehey, Warner, Coleman & Goggin General Purpose of the Pennsylvania Workers Compensation Act The Pennsylvania Legislature enacted the Pennsylvania Workers Compensation

More information

BEFORE THE APPEALS BOARD FOR THE KANSAS DIVISION OF WORKERS COMPENSATION

BEFORE THE APPEALS BOARD FOR THE KANSAS DIVISION OF WORKERS COMPENSATION BEFORE THE APPEALS BOARD FOR THE KANSAS DIVISION OF WORKERS COMPENSATION GEORGIA R. KATZ ) Claimant ) VS. ) ) Docket No. 1,068,293 USD 229 ) Self-Insured Respondent ) ORDER STATEMENT OF THE CASE Claimant

More information

IN THE COMMONWEALTH COURT OF PENNSYLVANIA

IN THE COMMONWEALTH COURT OF PENNSYLVANIA IN THE COMMONWEALTH COURT OF PENNSYLVANIA Stephen Wisniewski, No. 228 C.D. 2015 Petitioner Submitted July 31, 2015 v. Workers Compensation Appeal Board (Kimbob, Inc., Word Processing Services, Inc., Selective

More information

INVESTIGATIONS GONE WILD: Potential Claims By Employees

INVESTIGATIONS GONE WILD: Potential Claims By Employees INTRODUCTION INVESTIGATIONS GONE WILD: Potential Claims By Employees By: Maureen S. Binetti, Esq. Christopher R. Binetti, Paralegal Wilentz, Goldman & Spitzer, P.A. When can the investigation which may

More information

Steiner, Segal, Muller & Donan

Steiner, Segal, Muller & Donan The Law Firm of Steiner, Segal, Muller & Donan What You Need To Know About Pennsylvania Worker s Compensation Benefits Representing Injured Workers in Pennsylvania for over 25 years! 2401 Pennsylvania

More information

BEFORE THE APPEALS BOARD FOR THE KANSAS DIVISION OF WORKERS COMPENSATION

BEFORE THE APPEALS BOARD FOR THE KANSAS DIVISION OF WORKERS COMPENSATION BEFORE THE APPEALS BOARD FOR THE KANSAS DIVISION OF WORKERS COMPENSATION MARY ROUSH Claimant VS. RENT-A-CENTER, INC. Respondent Docket No. 1,062,983 AND HARTFORD INS. CO. OF THE MIDWEST Insurance Carrier

More information

Customer Workers Compensation Benefit Overview

Customer Workers Compensation Benefit Overview Customer Workers Compensation Benefit Overview OREGON INDEMNITY ISSUES Temporary Total Benefits Temporary Partial Benefits Permanent Partial Benefits Permanent Total Benefits Workers injured on or after

More information

VI. ACHIEVING GLOBAL SETTLEMENT IN THE CONTEXT OF WORKERS COMPENSATION CLAIMS HANDLING AND LITIGATION

VI. ACHIEVING GLOBAL SETTLEMENT IN THE CONTEXT OF WORKERS COMPENSATION CLAIMS HANDLING AND LITIGATION VI. ACHIEVING GLOBAL SETTLEMENT IN THE CONTEXT OF WORKERS COMPENSATION CLAIMS HANDLING AND LITIGATION The parties may reach a point where there is an interest in settling any part or future obligation

More information

Revised May 2015. What Is Workers Compensation?

Revised May 2015. What Is Workers Compensation? This pamphlet provides an overview of the workers compensation system in the State of New Hampshire, including what is covered by workers compensation, what benefits are available, and what you should

More information

What Happens After I Report the Injury?

What Happens After I Report the Injury? Introduction The Iowa Workers Compensation Act provides the only legal remedy against their employer for workers who are injured on the job. Workers Compensation law can be very technical. The law is administered

More information

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT. No. 08-1412. In re: GEORGE W. COLE, Debtor. CITY OF WILKES-BARRE, Appellant v.

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT. No. 08-1412. In re: GEORGE W. COLE, Debtor. CITY OF WILKES-BARRE, Appellant v. UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT NOT PRECEDENTIAL No. 08-1412 In re: GEORGE W. COLE, Debtor CITY OF WILKES-BARRE, Appellant v. ROBERT P. SHEILS, Jr., Trustee On Appeal from the United

More information

Workers compensation benefits guide

Workers compensation benefits guide Workers compensation benefits guide December 2015 Disclaimer This publication may contain information about the regulation of workers compensation in NSW. It may include some of your obligations under

More information

George J. Badey, III, Philadelphia, for petitioner. Robert F. Kelly, Jr., Media, for respondent.

George J. Badey, III, Philadelphia, for petitioner. Robert F. Kelly, Jr., Media, for respondent. 1202 Pa. Moses THOMAS, Petitioner v. WORKERS COMPENSATION AP- PEAL BOARD (DELAWARE COUNTY), Respondent. Commonwealth Court of Pennsylvania. Submitted on Briefs Oct. 1, 1999. Decided Feb. 25, 2000. Following

More information

2011 Changes to Kansas Workers Compensation Act

2011 Changes to Kansas Workers Compensation Act On April 18, 2011, Kansas Governor Sam Brownback signed a new law changing the workers compensation system. (H.B. 2134) amends the Workers Compensation Act (KSA Sec. 44-501, et seq.) by changing Sections

More information

SAFETY IN THE WORKPLACE By Sharon A. Stewart. January 28, 2005. The Occupational Safety and Health Act (OSHA) includes a General Duty Clause

SAFETY IN THE WORKPLACE By Sharon A. Stewart. January 28, 2005. The Occupational Safety and Health Act (OSHA) includes a General Duty Clause SAFETY IN THE WORKPLACE By Sharon A. Stewart January 28, 2005 The Occupational Safety and Health Act (OSHA) includes a General Duty Clause requiring employers to "furnish a place of employment which is

More information

CAUSATION AND LOSSES. Professor Lewis N Klar, Q.C.

CAUSATION AND LOSSES. Professor Lewis N Klar, Q.C. CAUSATION AND LOSSES Professor Lewis N Klar, Q.C. (Based on Klar, Tort Law, 4 th ed at 457-466, and Klar Causation And Apportionment of Losses, Alberta Court of Queen s Bench Conference, November 14, 2008)

More information

REPORTER. Decision of the Appeal Division

REPORTER. Decision of the Appeal Division WORKERS COMPENSATION REPORTER Decision of the Appeal Division Number: 00-1682 Date: October 26, 2000 Panel: Marguerite Mousseau Subject: Whether Worker Suffered Psychological Impairment Constituting a

More information

Workers compensation benefits guide

Workers compensation benefits guide Workers compensation benefits guide October 2015 Disclaimer This publication may contain information about the regulation of workers compensation in NSW. It may include some of your obligations under some

More information

Commonwealth of Kentucky Workers Compensation Board

Commonwealth of Kentucky Workers Compensation Board Commonwealth of Kentucky Workers Compensation Board OPINION ENTERED: June 6, 2014 CLAIM NOS. 201300659 & 201300144 ATWOOD T. DEZARN PETITIONER/CROSS-RESPONDENT VS. APPEAL FROM HON. JEANIE OWEN MILLER,

More information

Illinois Official Reports

Illinois Official Reports Illinois Official Reports Appellate Court Continental Tire of the Americas, LLC v. Illinois Workers Compensation Comm n, 2015 IL App (5th) 140445WC Appellate Court Caption CONTINENTAL TIRE OF THE AMERICAS,

More information

United States Department of Labor Employees Compensation Appeals Board DECISION AND ORDER

United States Department of Labor Employees Compensation Appeals Board DECISION AND ORDER United States Department of Labor W.T., Appellant and U.S. POSTAL SERVICE, POST OFFICE, Birmingham, AL, Employer Appearances: Appellant, pro se Office of Solicitor, for the Director Docket No. 12-1743

More information

North Carolina State Government

North Carolina State Government North Carolina State Government W O R K E R S C O M P E N S A T I O N E M P L O Y E E H A N D B O O K PURPOSE The contents in this handbook are designed to provide employees of the State of North Carolina

More information

NUTS & BOLTS OF OHIO S WORKERS COMPENSATION SYSTEM

NUTS & BOLTS OF OHIO S WORKERS COMPENSATION SYSTEM NUTS & BOLTS OF OHIO S WORKERS COMPENSATION SYSTEM It is neither charity, nor pension, nor indemnity, nor insurance, nor wages, though, if a definition of each and all of these terms were placed in parallel

More information

NUZZO & ROBERTS NEWSLETTER

NUZZO & ROBERTS NEWSLETTER NUZZO & ROBERTS NEWSLETTER October 2003 WORKERS' COMPENSATON UPDATE: THRD QUARTER 2003 SUPREME AND APPELLATE COURT CASES A Claim for Connecticut General Statutes 31-306 Dependent Benefits Must Be Filed

More information

No. 1-10-0602 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT

No. 1-10-0602 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT SECOND DIVISION May 31, 2011 No. 1-10-0602 Notice: This order was filed under Illinois Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under

More information

PUBLIC ENTITY RISK MANAGEMENT AUTHORITY MEMORANDUM OF WORKERS COMPENSATION AND EMPLOYERS LIABILITY COVERAGE

PUBLIC ENTITY RISK MANAGEMENT AUTHORITY MEMORANDUM OF WORKERS COMPENSATION AND EMPLOYERS LIABILITY COVERAGE PUBLIC ENTITY RISK MANAGEMENT AUTHORITY MEMORANDUM OF WORKERS COMPENSATION AND EMPLOYERS LIABILITY COVERAGE FOR THE PERIOD JULY 1, 2015 TO JUNE 30, 2016 EFFECTIVE: JULY 1, 2015 PUBLIC ENTITY RISK MANAGEMENT

More information

Arkansas Workers Compensation Questions & Answers

Arkansas Workers Compensation Questions & Answers Arkansas Workers Compensation Questions & Answers What is Workers' Compensation? Arkansas' no-fault com pensation law was created by an initiated act in 1939 to guarantee prom pt, automatic benefits to

More information

IN THE COMMONWEALTH COURT OF PENNSYLVANIA

IN THE COMMONWEALTH COURT OF PENNSYLVANIA IN THE COMMONWEALTH COURT OF PENNSYLVANIA Thomas J. Swigart, : Petitioner : v. : : Workers Compensation Appeal : Board (City of Williamsport), : No. 493 C.D. 2015 Respondent : Submitted: September 4, 2015

More information

NEW MEXICO SELF-INSURERS' FUND WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY PLAN

NEW MEXICO SELF-INSURERS' FUND WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY PLAN NEW MEXICO SELF-INSURERS' FUND WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY PLAN In return for the payment of the premium and subject to all terms of this Policy, we agree with you as follows. GENERAL

More information

DIVISION OF WORKERS COMPENSATION

DIVISION OF WORKERS COMPENSATION How the Changes in the Workers Compensation Law Affect You Published by Missouri Department of Labor and Industrial Relations DIVISION OF WORKERS COMPENSATION Table of Contents When does the new law become

More information

Administering Medical Only Claims: Confusing Guidance Offered by Commonwealth Court in Orenich and Brutico

Administering Medical Only Claims: Confusing Guidance Offered by Commonwealth Court in Orenich and Brutico Administering Medical Only Claims: Confusing Guidance Offered by Commonwealth Court in Orenich and Brutico By: Andrew E. Greenberg, Esquire 1 The Pennsylvania Self-Insurers Association As reported in the

More information

NJ PARALEGAL CONVENTION

NJ PARALEGAL CONVENTION Workers Compensation David Lande, Esq. NJ PARALEGAL CONVENTION NJ Paralegal Convention October 24, 2014 WORKERS COMPENSATION IN GENERAL SOURCES OF INFORMATION: PRIMARY SOURCES: Title 34, Chapter 15, Articles

More information

MWR Solicitors A legal guide HEALTH & SAFETY: Workplace stress. Lawyers for life

MWR Solicitors A legal guide HEALTH & SAFETY: Workplace stress. Lawyers for life MWR Solicitors A legal guide HEALTH & SAFETY: Workplace stress Lawyers for life CONTENTS What Is Stress 4 Background 4 Legal Position 4 Duty of Care 4 Forseeability 5 Breach of Duty 6 Causation 7 Loss

More information

IN THE COMMONWEALTH COURT OF PENNSYLVANIA. v. : No. 2217 C.D. 2001

IN THE COMMONWEALTH COURT OF PENNSYLVANIA. v. : No. 2217 C.D. 2001 IN THE COMMONWEALTH COURT OF PENNSYLVANIA Donna Mitchell, Petitioner v. No. 2217 C.D. 2001 Workers' Compensation Appeal No. 2537 C.D. 2001 Board (Devereux Foundation), Submitted February 22, 2002 Respondent

More information

THE MONTH IN PENNSYLVANIA WORKERS COMPENSATION: APRIL 2010 AT A GLANCE BY MITCHELL I GOLDING, ESQ. KENNEDY, CAMPBELL, LIPSKI & DOCHNEY (W)

THE MONTH IN PENNSYLVANIA WORKERS COMPENSATION: APRIL 2010 AT A GLANCE BY MITCHELL I GOLDING, ESQ. KENNEDY, CAMPBELL, LIPSKI & DOCHNEY (W) Credit THE MONTH IN PENNSYLVANIA WORKERS COMPENSATION: APRIL 2010 AT A GLANCE BY MITCHELL I GOLDING, ESQ. KENNEDY, CAMPBELL, LIPSKI & DOCHNEY (W) 215-430-6362 Pennsylvania Supreme Court holds that a furlough

More information

NLC Pools Liability Coverage Documents Volunteer Coverage Definitions

NLC Pools Liability Coverage Documents Volunteer Coverage Definitions NLC Pools Liability Coverage Documents Volunteer Coverage Definitions Pool 1 The program may at their option provide additional coverage, as provided under this Program, for extraterritorial activities

More information

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 HOWARD A. SCOTT, EXECUTOR OF IN THE SUPERIOR COURT OF THE ESTATE OF ALBERT L. SCOTT, PENNSYLVANIA DECEASED AND LAVERNE SCOTT, IN HER OWN RIGHT,

More information

The Health Care Executive Workers Compensation Advisor

The Health Care Executive Workers Compensation Advisor The Health Care Executive Advisor Special Interest Articles: Managing Workers Comp Reduces Costs. Proper Use of Bureau Forms: the Time Periods. Recent Cases that Affect Your Bottom Line. Highlights: Injury

More information

Temporary Injury Allowance Process and Procedures

Temporary Injury Allowance Process and Procedures Temporary Injury Allowance Process and Procedures Isle of Man Government Temporary Injury Allowance Process and Procedures Introduction Staff who are injured or become ill due to their employment may be

More information

No-Fault Automobile Insurance

No-Fault Automobile Insurance No-Fault Automobile Insurance By Margaret C. Jasper, Esq. Prior to the enactment of state no-fault insurance legislation, recovery for personal injuries sustained in an automobile accident were subject

More information

Disease Provisions NSW Workers Compensation

Disease Provisions NSW Workers Compensation Disease Provisions NSW Workers Compensation By Craig Bell September 2012 Sections 15-19 of the Workers Compensation Act 1987 (WCA 1987) deal with issues of disease. Given that hearing loss is almost a

More information

OFFICE OF MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES BULLETIN

OFFICE OF MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES BULLETIN OFFICE OF MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES BULLETIN ISSUE DATE April 15, 2015 EFFECTIVE DATE: April 1, 2015 NUMBER: OMHSAS-15-01 SUBJECT: BY: Community Incident Management & Reporting System

More information

IN THE COMMONWEALTH COURT OF PENNSYLVANIA

IN THE COMMONWEALTH COURT OF PENNSYLVANIA IN THE COMMONWEALTH COURT OF PENNSYLVANIA ESAB Welding & Cutting Products, Petitioner v. Workers Compensation Appeal Board (Wallen), No. 60 C.D. 2009 Respondent PER CURIAM O R D E R AND NOW, this 10 th

More information

Guide to. For Connecticut Private Sector Employees

Guide to. For Connecticut Private Sector Employees Guide to Workers Compensation For Connecticut Private Sector Employees NEW ENGLAND HEALTH CARE EMPLOYEES UNION DISTRICT 1199, SEIU 77 Huyshope Avenue, Hartford, CT 06106 860-549-1199 September 2009 Workers

More information

6 Commercial General Liability Insurance

6 Commercial General Liability Insurance 6 Commercial General Liability Insurance I. Overview 6.1 Mark D. Willmarth Deborah A. Hebert II. What Is a CGL Policy? A. Scope of a CGL Policy 6.2 B. Parts of a CGL Policy 6.3 III. The CGL Insuring Agreements

More information

IN THE COMMONWEALTH COURT OF PENNSYLVANIA

IN THE COMMONWEALTH COURT OF PENNSYLVANIA IN THE COMMONWEALTH COURT OF PENNSYLVANIA Garri Aminov, : Petitioner : : v. : : Workers' Compensation : Appeal Board (Herman E. Ewell), : No. 311 C.D. 2013 Respondent : Submitted: June 7, 2013 BEFORE:

More information

28/08/2014. The Structure Workplace Injury Rehabilitation and Compensation Act 2013 Act of Parliament

28/08/2014. The Structure Workplace Injury Rehabilitation and Compensation Act 2013 Act of Parliament Janis Veldwyk At the end of the workshop participants should: Be more familiar with the Workplace Injury Rehabilitation and Compensation Act 2013 Know Employer and employee obligations with relation to

More information

HOW TO ASSESS AND COMPENSATE PSYCHIATRIC INJURIES IN THE WORKPLACE Grace Lawson 1

HOW TO ASSESS AND COMPENSATE PSYCHIATRIC INJURIES IN THE WORKPLACE Grace Lawson 1 1 HOW TO ASSESS AND COMPENSATE PSYCHIATRIC INJURIES IN THE WORKPLACE Grace Lawson 1 Introduction Mental illness has become a major health problem in Australia. Work-related mental injuries have also become

More information

Why Obtain Student Medical Malpractice Insurance?

Why Obtain Student Medical Malpractice Insurance? Why Obtain Student Medical Malpractice Insurance? Important Notice & Disclaimer Please Read! This presentation is for use by Western Washington University (WWU) students only. Neither WWU, nor any officer,

More information

WORKERS COMPENSATION & YOUR RIGHTS

WORKERS COMPENSATION & YOUR RIGHTS WORKERS COMPENSATION & YOUR RIGHTS 655 Florida Grove Road Mailing Address P.O. Box 760 Woodbridge, NJ 07095 (732) 324-7600 GILL & CHAMAS Raymond A. Gill, Jr.* Peter Chamas* James Pagliuca Michael J. Hanus

More information

IDENTIFYING AND PURSUING SUBROGATION RIGHTS

IDENTIFYING AND PURSUING SUBROGATION RIGHTS IDENTIFYING AND PURSUING SUBROGATION RIGHTS By: Susan McLaughlin, Esquire Erika L. Austin, Esquire All benefits paid under the Pennsylvania Workers Compensation Act constitute a lien against any third-party

More information

This information is for members of the NSW Teachers Federation who are employed in schools, colleges, AMES centres and related workplaces.

This information is for members of the NSW Teachers Federation who are employed in schools, colleges, AMES centres and related workplaces. Workers Compensation This information is for members of the NSW Teachers Federation who are employed in schools, colleges, AMES centres and related workplaces. The information provided is based on the

More information

Program Policy Background Paper: Compensability of Workplace Stress

Program Policy Background Paper: Compensability of Workplace Stress Program Policy Background Paper: Compensability of Workplace Stress April 24, 2013 TABLE OF CONTENTS 1. INTRODUCTION... 3 2. PURPOSE OF THIS PAPER... 3 3. PROGRAM POLICY RATIONALE AND INTENT... 5 4. BACKGROUND...

More information

Injured on the Job. Your Rights under FELA. Quick Facts: What To Do If Injured

Injured on the Job. Your Rights under FELA. Quick Facts: What To Do If Injured Injured on the Job Your Rights under FELA Quick Facts: What To Do If Injured 1. Consult your own doctor for treatment. Give your doctor a complete history of how your injury happened. Make sure that the

More information

EXCLUSIVITY-IMMUNITY/ OCCUPATIONAL DISEASE/ STATUTE OF REPOSE

EXCLUSIVITY-IMMUNITY/ OCCUPATIONAL DISEASE/ STATUTE OF REPOSE THE MONTH IN PENNSYLVANIA WORKERS COMPENSATION: DECEMBER 2013 AT A GLANCE BY MITCHELL I GOLDING, ESQ. KENNEDY, CAMPBELL, LIPSKI & DOCHNEY (W) 215-430-6362 EXCLUSIVITY-IMMUNITY/ OCCUPATIONAL DISEASE/ STATUTE

More information

SI 2047-643383 1 of 6 (12/04)

SI 2047-643383 1 of 6 (12/04) Claim Packet Instructions Your Disability Benefit Claim This packet contains the forms necessary to apply for disability benefits. It also addresses common questions about Disability claims. Please save

More information

JAMES MILLER STRESS - EMPLOYERS BEHAVING BADLY? SEPTEMBER 2002

JAMES MILLER STRESS - EMPLOYERS BEHAVING BADLY? SEPTEMBER 2002 JAMES MILLER STRESS - EMPLOYERS BEHAVING BADLY? SEPTEMBER 2002 Reynolds Porter Chamberlain Chichester House 278-282 High Holborn London WC1V 7HA Direct Tel: 020 7306 3517 Fax: 020 7242 1431 Direct Email:

More information

SUMMARY OF PENNSYLVANIA AUTO INSURANCE LAW

SUMMARY OF PENNSYLVANIA AUTO INSURANCE LAW SUMMARY OF PENNSYLVANIA AUTO INSURANCE LAW The laws relating to automobile insurance coverage are compiled in 75 Pa.C.S.A. 1701 et seq., known as the Act 6 Amendments to the PA Motor Vehicle Financial

More information

Key Provisions of Tennessee Senate Bill 200 Effective July 1, 2014, through July 1, 2016

Key Provisions of Tennessee Senate Bill 200 Effective July 1, 2014, through July 1, 2016 2014 Construction of Statute Definition of Injury (Causation) Revises Section 50-6-116, Construction of Chapter, to indicate that for dates of injury on or after July 1, 2014, the chapter should no longer

More information

IN THE COMMONWEALTH COURT OF PENNSYLVANIA

IN THE COMMONWEALTH COURT OF PENNSYLVANIA IN THE COMMONWEALTH COURT OF PENNSYLVANIA Clyde Kennedy, : Petitioner : : v. : No. 1649 C.D. 2012 : Submitted: May 17, 2013 Workers Compensation Appeal : Board (Henry Modell & Co., Inc.), : Respondent

More information

Workers Compensation Claim State Environmental Guide - Tennessee

Workers Compensation Claim State Environmental Guide - Tennessee Workers Compensation Claim State Environmental Guide - Tennessee TENNESSEE http://www.state.tn.us/labor-wfd/wcomp.html Indemnity issues Temporary Total Benefits Temporary Partial Benefits Permanent Partial

More information

STATE OF MICHIGAN COURT OF APPEALS

STATE OF MICHIGAN COURT OF APPEALS STATE OF MICHIGAN COURT OF APPEALS NORMA KAKISH and RAJAIE KAKISH, Plaintiffs-Appellees, UNPUBLISHED December 29, 2005 v No. 260963 Ingham Circuit Court DOMINION OF CANADA GENERAL LC No. 04-000809-NI INSURANCE

More information

A BILL for AN ACT. Serial 137 Personal Injuries (Civil Claims) Bill 2003 Dr Toyne

A BILL for AN ACT. Serial 137 Personal Injuries (Civil Claims) Bill 2003 Dr Toyne Serial 137 Personal Injuries (Civil Claims) Bill 2003 Dr Toyne A BILL for AN ACT to provide for the economical and early resolution of claims for damages for personal injuries before proceedings are commenced,

More information

CHAPTER 30: EMPLOYEE INJURIES

CHAPTER 30: EMPLOYEE INJURIES CHAPTER 30: EMPLOYEE INJURIES INTRODUCTION TO JOB SAFETY Our legal system has developed three ways of handling employee injuries: A. NEGLIGENCE SUITS Was developed under common-law where the injured employee

More information