Pennsylvania Workers' Compensation Blog

In Blaine Boleratz v. WCAB (Airgas), the Commonwealth Court affirmed that workers' compensation insurance carriers are not responsible for paying for medical treatment to an injured worker unless it is rendered under the supervision of a licensed medical practitioner. In this case, the injured worker obtained therapy from a massage therapist. The carrier refused payment, noting that massage therapists are not eligible health care providers as defined by the Pennsylvania Workers' Compensation Act. It is important to note that the Court agreed with the insurance carrier, even though the massage therapy was prescribed by a licensed medical provider. But, because the actual treatment (massage therapy) was not provided or supervised by a licensed medical practitioner, the carrier was not held liable for payment.

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In a victory for the Commonwealth's fire and ambulance volunteers, the Pennsylvania Supreme Court has affirmed that such individuals are entitled to workers' compensation benefits regardless of their earning status outside of their volunteer duties. In Borough of Heidelberg and Inservco Insurance Services Inc. v. WCAB (Selva), they rejected the employer's argument that the volunteer worker (injured while performing her volunteer duties) in the case should have been denied workers' compensation benefits because she had no other paying job and was not actively engaged in the workforce. THe Court held that it was the Pennsylvania State Legislature's intention for "those partaking in this laudable and selfless profession are entitled, at a minimum, to the presumed statewide average weekly wage." As a result, volunteers are entitled to workers' compensation benefits based on imputed earnings of no less than what the average Pennsylvania worker made in the year that the injury occurred.

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The Commonwealth Court in Glen Gadonas v. WCAB (Boeing Defense & Space Group)ruled in favor of an injured worker in a dispute over whether the employer was entitled to an offset against the claimant's workers' compensation benefits for disability pension money received by the worker. The Pennsylvania Workers' Compensation Act allows an employer to reduce an injured worker's workers' compensation benefits by any amount that the injured worker receives in employer-funded disability pension benefits. In this case, shortly after going out on workers' compensation, the employee sought to receive his disability pension. The employer specifically assured the employee that there would not be any offset against his workers' compensation benefits if he took the disability pension. The employee began receiving $738 per month in a disability pension.

Continue reading "Commonwealth Court Rules in Favor of Injured Worker in Offset Dispute" »

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In an unfortunate decision, the Commonwealth Court reversed the Workers' Compensation Appeal Board (WCAB) in a case where an injured worker found new employment on his own after his work injury. The employer sought to further reduce the workers' benefits based on a Labor Market Survey showing a greater earning capacity. In the case of CRST v. WCAB (Boyles), the injured worker secured employment in the security field. The work paid less than he was making prior to this injury and, therefore, the worker remained entitled to partial disability benefits based on his continuing wage loss. The employer filed a Petition to further reduce claimant's earning power based on vocational evidence that suggested that employment opportunities existed for the worker which would pay in excess of his actual current wages. The workers' compensation judge denied the employer's Petition, concluding that the claimant's earning power had been established by his actual job search and that fact precluded the employer from establishing that he had a greater earning capacity. The WCAB agreed with the workers' compensation judge.

Continue reading "Commonwealth Court Reverses Decision Based on Labor Market Survey" »

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