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.

Court Affirms Burden of Proof for Reinstatement Following Suspension

A claimant seeking reinstatement of benefits is entitled to the presumption of causation when he returns to work under suspension with restrictions, i.e., he returns to a modified- or light-duty position, according to the Commonwealth Court in Dougherty v. Workers' Compensation Appeal Board (QVC, Inc.). If a claimant returns to work and can perform his pre-injury job despite his restrictions, the claimant has the burden of proving causation.

November 2014 Edition
Volume VIII
Number 11

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Cable Technicians Are Traveling Employees

In Holler v. Workers' Compensation Appeal Board (Tri Wire Engineering Solutions, Inc.), the Commonwealth Court ruled that a claimant/cable technician, who is given a company van to drive to and from work, and is prohibited from using the vehicle for any non-work purpose, is entitled to benefits under the Workers' Compensation Act as a traveling employee with no fixed place of work.

No Special Circumstances for Injury While Traveling to Work for a “Special” Meeting

That’s the ruling by the Commonwealth Court in Simko v. Workers' Compensation Appeal Board (United States Steel Corp.-Edgar Thompson Works). The Court ruled that the "special circumstances" exception to the coming and going rule does not apply to a claimant injured in a car accident while traveling to a meeting at the employer's premises. Thus, the claimant is not entitled to benefits under the Workers' Compensation Act.