PMT Delivers a Win – Aggressive Litigation Rules the Day

PMT Delivers a Win – Aggressive Litigation Rules the Day

Court: Pennsylvania Workers’ Compensation Appeal Board Judge: Commissioner James Zurick, Concurred by Commissioners Robert A. Krebs, Sandra D. Crawford, and David Wilderman Case Type: Claim Petition in Philadelphia County, Philadelphia, PA. Caption: Angelina McInnis v. Clinical Care Associates of the Univ. of Pa. Health System Index No.: A19-0851 Decision Date: May 1, 2020 Decision: Appeal Board Affirmed WCJ Decision Denying Claim Petition Claim Petitions are difficult to win in Pennsylvania. The Pennsylvania Workers’ Compensation Act is remedial in nature and its purpose is to benefit the employee of the Commonwealth as a fair exchange for the employee relinquishing every other right of action against the employer. Thus, the WCA is to be liberally construed to effectuate its humanitarian objectives, and borderline interpretations are to be construed in the injured party’s favor. In McInnis, the employee filed a Claim Petition alleging a low back injury leading to back surgery arising from a fall on an icy sidewalk while she was waiting for an employer-owned shuttle bus to transport her to her car which was located in a lot used by the other employees. At first glance, one could think that this was a compensable claim since the employee was using an employer-owned shuttle bus to take her to a parking lot used in part by the employer’s employees when commuting to and from work. Investigation uncovered an extensive and active preexisting low back condition where the employee was seeking a pain management doctor a week before her work injury. The employee had several MRI studies before and after the alleged work injury. The employer’s IME physician testified there was no...
Updates to Workers’ Compensation Rules and Procedures – New York, Pennsylvania and New Jersey

Updates to Workers’ Compensation Rules and Procedures – New York, Pennsylvania and New Jersey

By Charlene Stewart Barnaba, Laurie A. Carroll and Anthony M. Napoli. COVID-19 has gripped the entire world and each of our local communities. The PMT Law Firm is working to keep our clients informed during these unprecedented times. PMT’s resource of knowledge and industry experts in a variety of important fields are working to keep you up to date and your business protected. We are here to answer your questions and address your concerns. As the impact of the COVID-19 pandemic continues to evolve, businesses should carefully consider a number of contractual provisions and operational issues that are likely to play a significant role in the short and long term and may be the subject of disputes and litigation to come. Early retention of counsel to assess these issues may help to reduce litigation risk. Please use these links to view how it’s affected your state: New York, Pennsylvania & New Jersey New York Updates to Workers’ Compensation Rules and Procedures – New York, Pennsylvania and New Jersey Below is a summary of some of the provisions of Executive Order 202 necessitated by the coronavirus pandemic. The Board is conducting workers’ compensation hearings remotely, using the Board’s Virtual Hearings service. Injured workers can also choose to appear by phone. If an unrepresented injured worker is unable to participate in a hearing, it will be rescheduled. DVD and other evidence that the parties wish to introduce, should be mailed to the Board and the opposing parties within two days of introducing it at the hearing. In addition, if claimant is unable to see his/her attending physician due to the physician’s...