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Our all-star panel of workers’ compensation experts returns for their lively and informative survey of the year’s most important appellate decisions. They discuss the Pennsylvania Supreme Court’s recent decisions on Supersedeas Fund reimbursement for medical bills; sufficient notice of an injury under Section 312 of the Act; and whether a mandamus action can be used to compel fee review. Pending Supreme Court cases are also considered which will impact statutory employer status; mental/mental claims for abnormal working conditions; earning power assessment; voluntary removal from the workforce upon retirement; and subrogation.
The panel surveys recent Commonwealth Court decisions, covering a range of topics including wage loss due to misconduct and incarceration; Hannaberry revisited for determination of average weekly wage; wage loss due to economic downturn; pension offset calculations; hearing loss claims; applicability of estoppel in a utilization review proceeding; repetitive utilization review determinations; and downcoding of medical bills.
Recorded in September 2011 at the popular Fall Section Meeting of the Pennsylvania Bar Association Workers’ Compensation Law Section.