Workers' Comp In-Cites
Welcome to the latest edition of Schaff & Young's Workers' Comp In-Cites. Designed to provide our clients with practical insight, Workers' Comp In-Cites outlines recent developments in Pennsylvania workers' compensation law and explains how those decisions impact our clients and their cases. Barbara Young, Michael Schaff and the other attorneys at Schaff & Young, P.C. are always available to discuss these cases – or any other questions or concerns you might have. Just give us a call at (215) 988-0090 or send an email to We look forward to hearing from you.

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

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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.