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 Clarifies Notice in UEGF Claims

A claimant's failure to give timely notice to the Uninsured Employer Guaranty Fund (UEGF) that his or her employer is uninsured does not act as a complete bar to a claim against the UEGF. Rather, the failure to provide notice under Section 1603(d) of the Workers' Compensation Act, delays the provision of compensation to the date notice is given. So ruled the Commonwealth Court in Lozado v. Workers' Compensation Appeal Board (Dependable Concrete Work and UEGF). The Court also ruled that a claim petition against the UEGF is not barred by Section 305(d) of the Workers' Compensation Act, when, after learning that an employer is uninsured, a claimant preserves a civil remedy by filing a "savings action" against an uninsured employer.

September 2015 Edition
Volume IX
Number 8

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Pennsylvania Supreme Court to Hear Case About the Role of the Commonwealth Court

The Pennsylvania Supreme Court has granted allowance of appeal in IA Construction Corp. and Liberty Mutual Insurance Co. Workers' Compensation Appeal Board (Rhodes) and will decide whether the Commonwealth Court overstepped its appellate function in making credibility judgments, which is the sole function of the Workers' Compensation Judge.