Weber Gallagher Simpson Stapleton Fires & Newby LLP

September 19, 2007 : Zachary M. Rubinich Authors Article for Pennsylvania Self-Insurers' Association

Partner Zachary M. Rubinich has published an article for PSIA entitled "Does the mere passage of time constitute grounds to compel a claimant to submit to a physical examination or expert interview under Section 314 of the Pennsylvania Workers' Compensation Act?"

In his article, Mr. Rubinich examines the July 5, 2007 Decision of the Commonwealth Court of Pennsylvania in Linda Davis v. WCAB (Woolworth Corporation). In Davis, the Court held that the mere passage of time constitutes sufficient grounds to compel a claimant to submit to a physical examination or expert interview pursuant to Section 314 of the Act. The Court explained that the mere passage of time is a valid and legitimate reason for an employer to request a physical exam or expert interview. The employer is not required to present any evidence of change in physical condition in order to obtain this examination or interview. The Davis Decision should allow employers to obtain updated examinations and interviews in order to minimize future exposure on challenging claims.