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.

No Administrative Challenge Whether a Billing Agency is a Medical Provider

The Bureau of Workers' Compensation Fee Review Hearing Offices lacks jurisdiction over an insurer's challenge whether a billing agency Commonwealth Court in Selective Insurance Co. of America v. Bureau of Workers' Compensation Fee Review Hearing Office (The Physical Therapy Institute). Further, because the Hearing Office lacks jurisdiction of this challenge, it also lacks jurisdiction to act upon the alleged provider's fee review applications, and the issues should be resolved by a Workers' Compensation Judge.

March 2014 Edition
Volume VIII
Number 3

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A WCJ May Award Ongoing Benefits When Presented With Competent Evidence of Ongoing Disability

In a Claim Petition, the burden is on the claimant to establish a right to compensation and to prove all necessary elements to support an award, including the duration and extent of disability. So ruled the Commonwealth Court in Pennsylvania Uninsured Employers Guaranty Fund v. Workers' Compensation Appeal Board (Bonner and Fitzgerald). The Court noted that a WCJ is free to rely on a claimant's testimony in determining the length/extent of disability, provided there is competent medical evidence to support an award of ongoing disability.