March 28, 2006 : Zachary M. Rubinich Achieves Commonwealth Court Affirmation in Workers' Compensation Dispute
In a case of first impression in Pennsylvania, the Commonwealth Court has held that Section 306(b)(2) of the Workers' Compensation Act, Section 314(a) of the Act, and Bureau of Workers' Compensation Regulations permit employers/insurers to obtain multiple expert vocational interviews of injured workers. Zachary M. Rubinich, an associate in the Philadelphia office of Weber Gallagher Simpson Stapleton Fires & Newby LLP, argued the case before the Court.
In its decision, which was issued just four weeks after oral argument, the Court rejected the petitioner's argument that one one and only one expert interview should be permitted over the lifetime of a claim. The Court recognized that as time passes, claimants can obtain additional education, skills and training that would make them more marketable candidates in the labor market to assess earning power. The Court balanced the parties' interests and recognized that Section 314(a) of the Act protects claimants such that any subsequent expert vocational interview must be deemed reasonable and necessary by a workers' compensation judge.
This is a significant decision because for the first time in Pennsylvania, the Commonwealth Court has specifically held that employers/insurers are permitted to obtain multiple expert vocational interviews of injured workers in order to ascertain his/her most accurate earning capacity. A copy of the reported decision is available for download in PDF format by clicking the link below.
File Under: Results, Workers' Compensation, Zachary M. Rubinich