News

SIGNIFICANT CASE SUMMARIES Pennsylvania Case Summaries Lingelbach v. Cummings Bridgeway, LLC (WCAB) Commonwealth Court of Pennsylvania No. 1092 C.D. 2021 Decided: January 4, 2023 A carrier is permitted to recoup overpayment of future benefits. Background Following litigation of a Petition to Modify, the Claimant began receiving reduced compensation. Employer mistakenly paid Claimant’s 20% attorney fee… read more

SIGNIFICANT CASE SUMMARIES Maryland Case Summary In Re: ST ANDREWS UNITED METHODIST CHURCH, ET AL Unreported Opinion In the Appellate Court of Maryland (formerly the Court of Special Appeals) Filed: January 25, 2023 The 5 year statute of limitations is an affirmative defense which must be plead before the Commission at the initial hearing on… read more

SIGNIFICANT CASE SUMMARIES Virginia Case Summary Miller v. DBHDS / VA Center for Behavioral Rehabilitation Virginia Workers’ Compensation Commission VA00000134818 Decided January 18, 2022 A treating physician offering “to do a PPD rating at the request of the work comp carrier,” by itself, is insufficient to establish disability within 36 months. Background Claimant sustained a… read more

SIGNIFICANT CASE SUMMARIES Pennsylvania Case Summaries Kratz v. Commonwealth of Pennsylvania, Department of Corrections (WCAB) Commonwealth Court of Pennsylvania 2022 Pa. Commw. Unpub. LEXIS 527, 2022 WL 17332418 Decided: November 30, 2022 Commonwealth Court defers on creating a “sexual assault” exception to the test applicable for a physical/mental injury. Background The Claimant was a nurse… read more

SIGNIFICANT CASE SUMMARIES Maryland Case Summary United Parcel Service, et al. v. David Strothers Maryland Court of Appeals 253 Md. App. 708 Decided December 2022 The standard of proof required to establish a compensable hernia claim is the same “preponderance of evidence” standard as in other occupational disease claims, and the inclusion of the phrase… read more