Earning Power Assessment Must Be Performed Based on Where the Injury Occurred for a Non-Resident Employee
In Riddle v. Workers’ Compensation Appeal Board (Allegheny City Electric), the Pennsylvania Supreme Court ruled that an Earning Power Assessment (EPA) for a non-resident employee must be focused on the location of the injury under Section 306(b)(2) of the Act.
November 2009 Edition Volume III Number 10 www.schaffyoung.com |
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No Need to Show Job Availability for Post-Injury Misconduct
When a claimant is terminated for misconduct that the employer learns of after claimant’s injury, the employer is excused from showing job availability before modifying the claimant’s benefits, according to the Commonwealth Court in Harvey v. Workers’ Compensation Appeal Board (Monongahela Valley Hospital).
Partial Disability Benefits Run Concurrently for Two Separate Injuries
In Reutzel v. Workers’ Compensation Appeal Board (Allegheny General Hospital), the Commonwealth Court ruled that a claimant’s partial disability benefits – which result from two separate work injuries – run concurrently for the purpose of the 500-week limitation on partial disability benefits under Section 306(b)(1) of the Act.
Employee Can Appeal IRE Determination Provided the IR is 50 Percent or Greater
That’s the holding in Johnson v. Workers’ Compensation Appeal Board (Sealy Components Group), in which the Commonwealth Court ruled that, pursuant to Section 306(a.2)(4) of the Act, an employee may appeal changes to partial disability at any time during the 500 week period of partial disability compensation so long as the employee has an impairment rating equal to or greater than 50 percent. Despite the more permissive standard contained in the Regulations, the Court ruled that the plain language of the Act is controlling.