In Riddle v. Workers’ Compensation Appeal Board (Allegheny City Electric, Inc.), the Commonwealth Court ruled that an employer could conduct a labor market survey and establish job availability in the area where claimant lived, even if it is out-of-state, rather than doing so for the location of the injury. Thus, if the economic conditions are better in one place than another, it behooves the employer to select that location.

Regardless Why Claimant Receives Social Security Old Age Benefits, There is an Offset

An employer is entitled to offset a claimant’s workers’ compensation benefits with Social Security old age benefits even if the claimant received the old age benefits because his Social Security disability benefits were automatically transferred from disability to old age benefits. That is the holding of the Commonwealth Court in Ropoch v. Workers’ Compensation Appeal Board ( Commonwealth of Pennsylvania/Department of Public Welfare).

Horseplay Injuries are Generally Compensable

Although an employer may prohibit horseplay in its workplace, in Sysco Food Services of Philadelphia v. Workers’ Compensation Appeal Board (Sebastiano), the Commonwealth Court ruled that violation of such a rule is not a per se violation of an employer’s work rules that precludes the receipt of workers’ compensation benefits.

Be Careful How Your Doctor Testifies

Personal Animus Must Be Personal

In M & B Inn Partners, Inc. v. Workers’ Compensation Appeal Board (Petriga), the Commonwealth Court ruled that the personal animus exception only applies when the assailant intends to inflict injury on the claimant for personal reasons.