PA Supreme Court further clarifies course and scope of employment and traveling employees

On November 17, 2021, the Pennsylvania Supreme Court unanimously held in Peters v. WCAB (Cintas Corporation) that an injured worker injured in a car accident after a work sponsored happy hour event was in the course and scope of employment, for workers’ compensation purposes. The Supreme Court overturned a Commonwealth Court decision from 2019, denying benefits due to being outside […]

Pennsylvania Supreme Court strikes down IRE provisions in Workers Compensation Act

Attorneys across the Commonwealth of Pennsylvania have been waiting for the Pennsylvania Supreme Court to clarify the status of the Impairment Rating Evaluation section of the Act, since the Commonwealth Court struck down provisions and remanded the case back to a Workers Compensation Judge.   The PA Supreme Court issued it’s decision as I sat in a workers compensation hearing around […]

Pennsylvania Employee injured while running in parking lot not granted workers’ compensation

There are cases now and then that involve the argument of ‘course and scope’, meaning, did the injury occur in the course and scope of employment.  Over the years, Pennsylvania Courts have reduced gray areas of the law involving course and scope arguments.  Recently, the Commonwealth Court issued an opinion, in Quality Bicycle Products v. WCAB (Shaw), No. 1570 C.D. […]

PA Justice Michael Eakin resigns over porn emails

The porn email scandal in Pennsylvania has now claimed a second Pennsylvania Supreme Court Justice.  Justice Michael Eakin, who has been under suspension by the Pennsylvania Judicial Conduct Board, has retired amid the scandal.  Eakin was suspended back in December. The Judicial Conduct Board, an ethics panel for judges, in a complaint last year said Eakin, 67, a Republican, “detracted […]

Commonwealth Court Reaffirms Residency Does Not Provide Jurisdiction in Workers Compensation

Recently, the Pennsylvania Commonwealth Court, once again, addressed the issue of state jurisdiction over a workers compensation claim. In this case, a Pennsylvania resident was injured in an auto accident in New Jersey, while working for a trucking company based out of Alabama.  During the pendency of the claim, the Claimant was receiving workers compensation benefits through the state of […]

PA Court: Issuance of a Medical-Only NCP in Workers Compensation differs from Acceptance and Subsequent Suspension of Benefits

The Pennsylvania Commonwealth Court recently distinguished between a Medical-Only Notice of Compensation Payable and an acceptance of a work injury and a subsequent Suspension of benefits, in Sloane v. W.C.A.B (Children’s Hospital of Philadelphia)  No 1399, C.D. 2014(Pa. Cmwlth. 2015). The relevant time lines are this:  An injured worker has three years after the date of the injury to file […]

PA Commonwealth Court changes Impairment Rating Evaluations in Workers Compensation

The Pennsylvania Commonwealth Court invalidated Section 306 (a.2)1 of the Workers Compensation Act, as amended, finding the language to be an unlawful delegation of power to a private entity.  Let’s first take a look at the language of Section 306 (a/.2)1. (a.2) (1) When an employe has received total disability compensation pursuant to clause (a) for a period of one […]

Commonwealth Court vacates decision on abnormal working condition standard

The Pennsylvania Commonwealth Court has vacated a Workers Compensation Appeal Board (WCAB) decision denying workers compensation benefits to an employee of store that was robbed.   By way of background, the injured employee was working at a store when the store was robbed.  The injured employee was assaulted as a result of the robbery and subsequently filed a workers compensation […]

PA Supreme Court to remain short-handed

You can read it here. With Centre County President Judge Thomas Kistler’s announced withdrawal, the state’s high court will remain at five of seven seats, likely until the November elections.  Democrat Ken Gormley, was was the other high court nominee, will sit and watch his nomination die. Currently, the Supreme Court is divided at 3-21 for the GOP.  The Senate […]

Dog bite at work is within Course and Scope of Employment

One of the critical elements of proving a Claim Petition in Pennsylvania Workers Compensation is whether the injury occurred in the course and scope of  employment.   The course and scope element has been heavily litigated over the years and the rules are a bit clearer today.  However, at times, course and scope issues still arise. Recently the Pennsylvania Commonwealth […]