201908.24
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You Think Job Stress Killed Your Spouse: Can You Collect Workers’ Compensation Death Benefits?

Some 40 percent of U.S. workers report that their job is “very or extremely stressful,” according to a report by the National Institute for Occupational Safety and Health. Against this backdrop, we ask: What if you think excessive job stress literally killed your spouse? Can you, as a surviving spouse, collect workers’ compensation death benefits?…

201908.11
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Traveling Employee Injured in Car Crash after Meeting Co-Workers for Happy Hour: Is That Covered by Workers’ Compensation?

When is a traveling employee traveling for pleasure, as opposed to business? That was the central issue in a recent workers’ compensation case before the Commonwealth Court of Pennsylvania. Celebration with Co-Workers In Peters v. Workers’ Compensation Appeal Board (Cintas Corporation), a salesman’s job duties entailed spending time in the field to meet with potential…

201903.11
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Domestic Service: Is a Caretaker for a Woman with Dementia Entitled to Workers’ Compensation Benefits?

After a job-related injury occurs, workers typically ask one critical question: Am I entitled to workers’ compensation benefits? Fortunately, in Pennsylvania most workers are covered under the state’s Workers’ Compensation Act, and the answer, generally, is “yes.” However, some types of workers are not covered by the Act and thus cannot collect benefits. Today, we…

201902.18
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When the Day of ‘Disability’ Isn’t the Day of ‘Disability’: How One Day’s Pay Affected a Claim for Workers’ Compensation Benefits

The Commonwealth Court of Pennsylvania recently ruled that an employee who received his full wages for the day that he was injured at work was not eligible for workers’ compensation benefits until his next workday. The ruling was critical to the court’s determination that his employer did not miss a deadline to stop paying benefits….

201811.21
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PA Supreme Court Clarifies Burden of Proof for Firefighters Seeking Workers’ Compensation Benefits for Cancer

The Pennsylvania Supreme Court recently clarified the burden of proof required of firefighters who bring workers’ compensation claims for cancer, putting to rest conflicting interpretations of a provision added to the Workers’ Compensation Act in 2011 that provides a presumption of compensable disability for firefighters who suffer from cancer. Malignant Melanoma In City of Philadelphia…

201809.17
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Causation Is Key: What Every Firefighter Should Know about Filing a Workers’ Compensation Claim for Cancer

A recent decision by the Commonwealth Court of Pennsylvania serves as a reminder that a firefighter must establish a causal connection between cancer and a Group 1 carcinogen, as recognized by the International Agency for Research on Cancer, to collect workers’ compensation benefits for an occupational disease. Bladder Cancer In Ratay v. Workers’ Compensation Appeal…

201809.04
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Firefighters, Cancer, and Workers’ Compensation: When Should a Claimant Know the Work-Relatedness of an Injury?

In June, we blogged about a decision by the Commonwealth Court of Pennsylvania affirming an award of retroactive workers’ compensation benefits for a firefighter who was diagnosed with breast cancer in 2004, but who filed a claim petition seven years later because she did not immediately make the connection between her illness and her occupation….

201806.25
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Firefighter Seeks Workers’ Compensation Benefits 7 Years After Cancer Diagnosis: Is Her Claim Too Late?

Is a firefighter who could not work following a cancer diagnosis in 2004 but who did not receive a medical report until more than seven years later linking the cancer to her occupation entitled to retroactive workers’ compensation benefits? The Commonwealth Court of Pennsylvania recently said “yes.” Causal Link In City of Pittsburgh v. Workers’…

201805.01
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Cockroaches and Workers’ Compensation: It’s OK to Freak Out, Then Tell the Truth

Sometimes truth is stranger than fiction. For one worker injured while freaking out over a cockroach, her truthfulness, forthright demeanor, and consistency in telling her medical history convinced a judge that she was entitled to workers’ compensation benefits ― and helped her keep those benefits on appeal. A Cockroach In Southeastern Pennsylvania Transit Authority (SEPTA)…