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.

Employers Do Not Need to Seek Agreement from a Claimant Before Requesting an Impairment Rating Evaluation

An employer is not required to seek an agreement with a claimant as to the identity of an impairment rating evaluation (IRE) physician under Section 306(a.2) of the Workers' Compensation Act, before seeking the designation of a physician from the Bureau of Workers' Compensation. So ruled the Commonwealth Court in Logue v. Workers' Compensation Appeal Board (Commonwealth of Pennsylvania).

August 2015 Edition
Volume IX
Number 7

Schaff & Young, P.C.
One South Broad Street
Suite 1650
Philadelphia, PA 19107
P: 215-988-0090
F: 215-988-0091

Simple Interest Applies to Past Due Benefits

According to the Commonwealth Court in Tobler v. Workers' Compensation Appeal Board (Verizon Pennsylvania, Inc.), interest on an award of past due indemnity benefits is calculated on a simple interest basis, not on a compound interest basis under Section 406.1(a) of the Workers' Compensation Act, which provides that "Interest shall accrue on all due and unpaid compensation at the rate of ten percentum per annum."

An Employee Assisting in an Emergency Is Entitled to WC Benefits

An employee is within the course and scope of employment when injured responding to emergency situations. The Commonwealth Court decision in Pipeline Systems, Inc. v. Workers' Compensation Appeal Board (Pounds), analyzes Section 601(a)(10)(i)-(ii) of the Workers’ Compensation Act, which was enacted in 2003 to provide workers’ compensation benefits to an employee who, while in the course and scope of employment, goes to the aid of a person and suffers injury or death as a direct result of (i) preventing the commission of a crime, lawfully apprehending a person reasonably suspected of having committed a crime or aiding the victim of a crime; or, (ii) rendering emergency care, first aid or rescue at the scene of an emergency.

Employers May Recoup Statutory Offsets Retroactively in Some Circumstances

In Gelvin v. Workers' Compensation Appeal Board (Pennsylvania State Police), The Commonwealth Court ruled that an employer that regularly notifies a claimant of the obligation to report the receipt of pension and other benefits under Section 204(a) of the Workers' Compensation Act, may recoup any overpayment retroactively.