Claimant Must Present Medical Testimony to Contest Modification Petition

When an employer’s medical expert testifies credibly about a claimant’s ability to work, and the employer has offered work to the claimant within those restrictions, the claimant must present medical evidence in order to defeat the petition. That is how the Commonwealth Court ruled in World Kitchen, Inc. v. Workers’ Compensation Appeal Board (Rideout).

No Unreasonable Contest in Dispute Whether an Accident Occurred on the Employer’s Property

In Thompson v. Workers’ Compensation Appeal Board (Cinema Center), the Commonwealth Court ruled that the contest of the Claim Petition was reasonable when the employer argued that the claimant’s injury did not occur within the course and scope of claimant’s employment because it occurred on a sidewalk strip not owned by the employer.

Home Modifications – Employer Must Pay for Repair of Substandard Work

An employer required to perform modifications to a claimant’s home in order is also obligated to pay for any work required to repair damage resulting from substandard construction of the initially required modifications, according to the Commonwealth Court in Equitable Resources v. Workers’ Compensation Appeal Board (Thomas).