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 in order to 1) expedite the reporting and processing of injury cases, 2) ensure full payment of compensation when due, 3) expedite the hearing and...
Insights and analysis from our attorneys
C&W Journal
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...