Layout Image
  • Home
  • Attorneys
    • Thomas A. Musi, Jr.
    • William E. Malone, Jr.
    • Richard C. Daubenberger
    • Lucas A. Clark, IV
    • James J. Merkins
    • Rachel L. Mercurio
    • Matthew R. McGeehan
    • Brian D. Gondek
    • George V. Troilo
  • Practice Areas
    • Criminal Defense
      • Drunk Driving / DUI
      • Drug Crimes
      • Sex Offenses / Child Pornography / Internet Crimes
      • Theft, Receiving Stolen Property and Burglary
    • Personal Injury
      • Car Accidents
      • Truck Accidents
      • Slip and Fall
      • Wrongful Death
    • Family Law
      • Divorce
      • Alimony / Spousal Support
      • Child Custody
      • Child Support
      • Protection From Abuse
      • Prenuptial Agreements
      • Name Changes
    • Social Security
      • Social Security Disability (SSD / SSDI)
      • Supplemental Security Income (SSI)
      • Short and Long Term Disability Benefits
    • Workers’ Compensation
      • Medical Benefits
      • Wage Loss Benefits
      • Specific Loss Benefits
      • Death and Dependency Claims
      • Independent Contractors
      • Impairment Rating Evaluations
      • Lump Sum Settlements
    • Corporate Law
      • Contracts
    • Wills & Estates
      • Wills / Estate Planning
      • Living Wills
      • Guardianships
      • Powers of Attorney
      • Probate / Estate Administration
      • Will Challenges
      • Elder Law
  • Blog
  • Contact

Contact Form

Partner William Malone, Jr. successfully argues to the Commonwealth Court of Pennsylvania.

By mmdlaw
Monday, April 22nd, 2013

Partner and practicing Delaware County workers’ compensation attorney William E. Malone, Jr. recently received a favorable decision from the Commonwealth Court of Pennsylvania regarding a developing area of the law.  In the case of Jean Fitchett v. WCAB (School District of Philadelphia), 2013 Pa. Commw. LEXIS 95 (Pa. Commw. 2013), it was successfully argued that the Claimant voluntarily removed herself from the workforce based upon “totality of circumstances”, entitling employer to a suspension of benefits.  

The Claimant had argued that the correct definition of “retirement” should have been her inability to return to her pre-injury job; however, the Commonwealth Court correctly noted that this was a misinterpretation of the law, and that she bore the burden of proving that her work injury precluded her from returning to any job in the workforce.

The court also rejected Claimant’s allegation that her Due Process rights were violated due to the Workers’ Compensation Judge issuing an order allowing the employer to take credits and offsets based on claimant’s receipt of pension and Social Security Retirement.  However, the court pointed to 34 Pa.  Code Section 123.4, which allows employer to take a credit unilaterally.

Categories : Blog
Tags : Attorneys, Commonwealth Court, Delaware County, Delaware County PA, Media PA, Musi Malone & Daubenberger, Philadelphia PA, Philadelphia Workers' Comp, Workers’ Compensation
Musi, Malone & Daubenberger, L.L.P. | Attorneys in Media, PA
Copyright © 2018 All Rights Reserved