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.

Commonwealth Court Makes It Easier For Employers to Obtain Relief

An employer is not required to file a petition specifically requesting the relief sought; rather, an employer may seek relief regardless whether a specific petition has been filed. This opinion, in Krushauskas v. Workers' Compensation Appeal Board (General Motors), dramatically broadens the landscape in workers’ compensation proceedings because it no longer requires an employer to file a petition before seeking or receiving relief in virtually any matters.

November 2012 Edition
Volume VI
Number 8

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Notice of Ability to Return to Work Not Required in Every Situation

So ruled the Commonwealth Court in Smith v. Workers’ Compensation Appeal Board (Caring Companions, Inc. and Uninsured Employers Guaranty Fund), in which the Court affirmed that the purpose of Section 306(b)(3) of the Act, is for an employer to provide a claimant with a Notice of Ability to Return to Work when it receives evidence that the claimant is able to return to work in any capacity. An employer is not required, however, to send an additional Notice when Claimant’s own physician had informed Claimant that she was capable of returning to light-duty work.