Whenever possible, the claimant’s earnings history is to be the basis of their wage calculation. Calculating wages upon anticipated earnings is speculative and, in cases in which the claimant is often laid off, a means of artificially inflating ones wages. Therefore, the Supreme Court ruled that quarterly earnings periods depressed by layoff are...
Insights and analysis from our attorneys
C&W Journal
July 27, 2006
Business Continuity Planning
Like many of your clients, you may be a small business owner. We understand your problems and concerns, for we operate a small business, also. In the rush and stress of daily management, it is...
July 27, 2006
Guiding Your Family Through Difficult Transitions
We are often asked, “Do I need an estate plan?” or “Do I need a will?” These questions are like asking if you need a 2005 Honda Accord with a satellite radio receiver. You have assumed that you...
June 27, 2006
Medicare's Effect on a Compromise and Release
Historically, workers’ compensation settlements essentially allowed a claimant to double dip. The cost of a claimant’s future medical exposure was taken into consideration when negotiating the...
June 27, 2006
Child Support Status And Settling Claims
The Pennsylvania legislature passed Act 109 in summer 2006. Effective September 2006, workers’ compensation judges do not have authority to approve a compromise and release agreement until the...
May 27, 2006
Penalties In Workers’ Compensation
An issue that arises all too often for Employers in a workers’ compensation matter is that of penalties. Section 435 of the Workers’ Compensation Act provides that penalties shall be established...
April 27, 2006
PA Mechanics’ Lien Law
Pennsylvania’s Mechanics’ Lien Law of 1963 (49 P.S.§ 1502(a)(2)) “is a creature of statute in derogation of the common law and any questions of interpretation shall be resolved in favor of a...
April 27, 2006
Contractor Payment Rights
For contractors performing work in Pennsylvania, there are two legal tools available to obtain payment for services rendered. The Contractor and Subcontractor Payment Act (73 Pa.C.S.A.§§ 501-516)...
April 27, 2006
The Doctrine of “Hills and Ridges”
Pennsylvania Courts continue to adhere to the established common law regarding legal duties imposed on landowners. For snow and ice conditions, the Pennsylvania courts apply the Doctrine of “Hills...
March 27, 2006
Apportioning Liability In Workers' Compensation
The issue of apportionment of liability arises when the Claimant sustains multiple injuries with different Employers or different carriers. This situation arises where a Claimant sustains an...
March 27, 2006
Penalty Petition Pitfalls In Pennsylvania
The extensive amendments to the PA Workers’ Compensation Act contained in Act 57 of 1996 created the need for new and/or updated forms or “Bureau documents.” Since passage of the Act, the...
February 27, 2006
“Yellow Freight” And An Untimely Answer
Yellow Freight refers to a line of cases related to the Commonwealth Court’s 1981 Decision in Yellow Freight Sys., Inc. v. WCAB (Madara), 423 A.2d 1125 (Pa. Commw. 1981) that defined the...
February 27, 2006
Workers' Compensation Deadlines
In Pennsylvania workers’ compensation law, there are important deadlines for the defense to be aware of, which apply to both claimants and employers. I’ll start with deadlines that apply to our...