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Workers' Compensation Section

Information for members of PaTLA's Workers' Compensation Section

**Updated 5/24/2007**

DOCUMENTS

5/24/2007 Pursuant to the Federal Rules, Jon B. Tucker, M.D., defense medical examiner from Pittsburgh, has disclosed a listing of his medical-legal deposition and trial history for past four years. Posted by PaTLA member Doug Stoehr of Duncansville. Depo and trial history for Jon Tucker, MD
4/17/2007 WCAB decision (8 pp.)  that holds that "prompt" means within 30 days of receipt of medical evidence. The Board reasoned that Act requires employees torespond to LIBC 750 within 30 days, therefore reasonable to give employer 30 days. Posted by PaTLA member Mark B. Segal of West Chester. Rosenberg v. Melmark Home, No. A06-1852
April 2007 announcement from the Pa. Bureau of Workers' Compensation regarding revisions to LIBC-760 and change in records requests.  LIBC-760 and Records Request Announcement
The Workers' Compensation Office of Adjudication in Harrisburg has issued new resolution hearing procedures regarding Act 147.  There are two documents: the first deals with procedures in Bristol, Malvern, Spring Garden, Northeast Philadelphia and Upper Darby Offices; the second with procedures in all other offices.   

Procedures for Bristol, et al.

Procedures for all other offices

New Decision Defeating Employer's Right to Subrogation: DJ decision (MS Word 2 pp) and brief (MS Word 6 pp.) in Kline v. Brenner Associates. The case involves defeating an Employer's Review Petition for Subrogation when Employer fails to file an NCP. Many thanks to PaTLA member Joesph De Simone of Bensalem who argued the case on behalf of the plaintiff. Special acknowledgement also to PaTLA member Thomas Lucas, Jr. of Scranton who contributed to the brief.

Brief in Brenner

Order in Brenner
Much thanks to PaTLA member Jarrod Tranguch for drafting and providing this form to comply with SB 1205. If no child support is owed, click here for sample form. (8/17/2006) Statement Concerning Child Support Arrears

A special report from Harvard Medical School devoted to promotion of strong, pain-free hands and outlining various reasons of hand pain.  Posted by Richard A. Jaffe of Philadelphia (6/27/2006)

Harvard Hands Report

UNPUBLISHED, en banc decision from Cmwlth. Ct. holding that termination petition was NOT precluded by an IRE %. Posted by Larry Chaban of Pittsburgh (4/24/06)

Opinion in Butala v. WCAB (Lane)
FAQ issued by CMS regarding Part D (prescriptions) and set asides. Posted by Larry Chaban of Pittsburgh (1/4/06) CMS Part D Memo
PCRB Proposed Loss Cost Revisions 2006. Submitted by Larry Chaban of Pittsburgh. Loss Cost Revisions
SS Calculator -- Excel spreadsheet to calculate the effect of a workers' comp settlement on Social Security benefits. Created by PaTLA member Larry Chaban of Pittsburgh. SS Calculator
Client Letters -- Two types of letters that clients can use to tell their legislators to say 'no' to changes to the workers' compensation system. Law firms are invited to use these letters (available in MS Word and Word Perfect formats). The look up your client's legsialtive district using the Vote-smart Web site. Submitted by PaTLA member Sam Pond of Philiadelphia. 

General letter to legislators on comp. (MS Word)

More detailed letter to legislators (Ms Word)

General letter (Word Perfect)

Detailed letter (Word Perfect)
WCAB opinion -- Holding that 306(b)(3) notice of ability to return to work requirement applies retroactively to pre act 57 cases.  John Bordner v. WCAB (Appleton Papers, Inc.), No A04-1368, decided May 3, 2005.  In the Decision, the Board basically acknowledged that a prior Board decision holding to the contrary was incorrect. Submitted by PaTLA member Robert Hamilton of Harrisburg. Bordner v. WCAB (Appleton Papers)
WCAB opinion -- Ruling that WCJ's decision that SERS method of calculating pension offset should be rejected as it fails to show contributions by Employer (1/20/2005). Submitted by Eric Betzner of Washington. Jan. 11, 2005 decision in King v. Dept. of Public Welfare
Article - Is permanent "bad faith" of the claimant dead? Pa. Supreme Ct's decision in General Electric v. Myers (5/27/2004). Written by Larry Chaban of Pittsburgh. Article
Letter regarding proposed revisions to Workers' Compensation Bureau regulations Letter from Department of Labor & Industry
WCJ opinion -- SERS Disability Pension Offset (4/20/2004). Posted by Eric Betzner of Washington. Turner v. Penn State
WCJ opinion -- Contesting an offset claimed by a Commonwealth Agency Employer for a disability pension benefit paid by the State Employees Retirement system (5/7/2003). Posted by Larry Chaban of Pittsburgh. King v. Dept. of Public Welfare

Interim/Interlocutory Decision Order and Cover Letter

Interim/Interlocutory Decision Order and Cover Letter

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Helpful Links:
Code of Professional Ethics for VEs
--Compiled by Larry Chaban of Pittsburgh
 
34 Pa Code 123.202 lists four organizations as recognized for purposes of being approved.  Here are links to the Code of Ethics for each.
 
American Board of Vocational Experts
 
Commission on Rehabilitiation Counselor Certification
   
Commission on Disability Management Specialists
   
National Board of Certified Counselors   


Related Files

Depo and trial history for DME
Rosenberg v. Melmark
LIBC-760 and Policy Change Announcements
Hearing Procedure for other offices
Hearing Procedure for Bristol, etc.
Brief in Brenner
Order in Brenner
Harvard Hand Report
Butala Opinion
CMS Part D Memo
PCRB Loss Cost Revision
Bordner v. WCAB (Appleton Papers)
WCAB decision in King
Proposed changes September 2004
James Ponzoo Interlocutory Decision
Turner_v_Penn_State
Letter from Department of Labor & Industry
King_v_Dept_of_Welfare

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