Workers' Compensation

Workers’ Compensation in PA: Who Has Control Over the Work

October 11, 2017 By Thomas E. Panzer There is no bright line rule to determine the existence of an employer-employee relationship under the Pennsylvania Workers’ Compensation Act; however, the Pennsylvania Courts have created guidelines and have established certain factors to take into consideration in answering the question. The primary factor in determining whether a particular […]

Differences Between Employees and Independent Contractors for Pennsylvania Workers’ Compensation

October 4, 2017 By Thomas E. Panzer Any claimant who has filed a Claim Petition for Workers’ Compensation benefits bears the burden of establishing all of the elements necessary to support the award of benefits. In order to establish the right to workers’ compensation, the Pennsylvania Workers’ Compensation Act requires an employment relationship, during which […]

Workers’ Compensation and Specific Loss: The Medical Evidence Must Establish Permanence

September 13, 2017 by Douglas Wayne High Swartz is pleased to be able to report a successful appellate defense result for a Workers’ Compensation defendant in a case where a worker claimed a work-related specific loss.   Due to our efforts, an incorrect legal conclusion initially reached by a Workers’ Compensation Judge was successfully reversed on […]

Protz: Recent Supreme Court Ruling is Game Changer for Pennsylvania Workers’ Compensation Claims

August 17, 2017 By Linay L. Haubert Once a Pennsylvania workers’ compensation claimant qualifies for wage benefits, that claimant is generally entitled to continue receiving these wage benefits until her or his right to wage benefits ends or is modified either by (1) agreement of the parties (usually in the form of a settlement) (2) […]

Subrogation: The Lien is Absolute (or Is It…)

November 17, 2016 By Thomas E. Panzer Employers and their Workers’ Compensation Insurance Carriers (“Employer”) need to be aware that the Employer’s right to subrogate to a Claimant’s third party action is under attack. Section 319 of the Pennsylvania Workers’ Compensation Act provides the statutory authority for the Employer to subrogate to a third party […]

Epicure Home Care

Independent Contractor Doctrine Affirmed

August 5, 2016 By: Thomas E. Panzer The High Swartz workers’ compensation defense group recently earned a favorable ruling from the Pennsylvania Commonwealth Court.  In the matter of, Edwards v Epicure Home Care, Inc. (Workers’ Compensation Appeal Board), 134 A3d 1156, Pa. Cmwlth Ct 2016, the Commonwealth Court affirmed our client’s use of independent contractors […]