Workers' Compensation Appellate Work By Our Attorneys
One hallmark of a firm dedicated to representation of injured workers is whether they will take appeals for their clients if the law or circumstances warrant. While not required in every case, some cases present appellate issues for review. Attorneys in our firm have fought vigorously for our clients in appeals all the way up to the Pennsylvania Commonwealth Court and even the Supreme Court. Here are some representative cases.
Joseph F. Wusinich, III
Interstate Carriers Co-op. v. Workmen's Compensation Appeal Bd. (DeSanto), 443 A.2d 1376 (Pa.Cmwlth. 1982) (Substantial evidence existed which supported referee's finding that contract of hire was entered into in Pennsylvania and his findings which underpinned his conclusion that the claimant's employment was not principally localized in any state, and thus there was jurisdiction entitling claimant to benefits under the Pennsylvania Workmen's Compensation Act)
Stillman Automotive Center, Inc. v. Workmen's Compensation Appeal Bd. (Chappel), 422 A.2d 1233 (Pa.Cmwlth. 1980) (Workmen's compensation referee did not capriciously disregard testimony of employer's expert witness concerning availability of employment to workmen's compensation claimant where, although expert witness, a rehabilitation psychologist, testified that he was able to locate certain light-work positions for other job seekers and believed such positions could have been filled by claimant, he failed to connect job types explicitly with claimant's physical capabilities and limitations, had never personally interviewed claimant, could only assume extent of claimant's skills, and assumptions were contradicted)
Friedman's Exp. Co. v. W.C.A.B. (Throop), 398 A.2d 263 (Pa.Cmwlth. 1979) (Claimant not required to prove that a specific event caused his injury where claimant suffered multiple hernias over time and two doctors testified that third hernia occurred at work during time of insurance coverage)
Dennis D. Brogan
Commissioners of Chester County v. W.C.A.B. (Akehurst), 642 A.2d 561 (Pa.Cmwlth. 1994) (Employer was required to provide notice that part-time photocopier position which claimant stopped performing was changed to full-time position before suspension of benefits could be ordered)
John J. Stanzione
Lukens, Inc. v. W.C.A.B. (Williams), 130 Pa.Cmwlth. 479, 568 A.2d 981 (Pa.Cmwlth. 1989) (Employer failed to show that claimant's medical clearance for job category was communicated to him, and thus claimant's refusal to take job did not warrant modification of workmen's compensation benefits)
Reinforced Earth Co. v. W.C.A.B. (Astudillo), 570 Pa. 464, 810 A.2d 99 (2002) (Public policy does not prevent an illegal alien injured at work from eligibility under the Workers' Compensation Act)
Curran v. W.C.A.B. (Maxwell Industries), 664 A.2d 667, (Pa.Cmwlth. 1995) (In an occupational disease case, it was held that remedial purpose of Workers' Compensation Act was best effected by acknowledging that each day of work that an employee was exposed to a dangerous condition was a new injury and a substantial contributing factor to his ultimate disability. Thus, the insurance company on the risk for any day he was exposed could be held responsible.
Fremont Farms v. W.C.A.B. (Phillips), 608 A.2d 603 (Pa.Cmwlth. 1992) (Employer was not entitled to present additional evidence after failing to produce the evidence at the hearing and being warned that the record would be closed)
Edward C. Sweeney
Hoffman v. W.C.A.B. (Acme Markets, Inc.), 716 A.2d 711 (Pa.Cmwlth. 1998) (Claimant, who suffered a work-related injury while working for a grocery store during the summer, was concurrently employed by another company as a school bus driver at the time of his work injury for purposes of calculating his average weekly wage (AWW))
Richardson v. W.C.A.B. (American Surfpak), 703 A.2d 1069 (Pa.Cmwlth. 1997) (Remand was necessitated by lack of medical evidence and findings of fact regarding certain elements required to establish claim for total disability in addition to specific loss benefits)
