PENNSYLVANIA WORKERS’ COMPENSATION
CASE SUMMARIES
9/1/2026 – 9/30/2026
JUDICIAL DISCRETION
SCOPE OF PETITIONS
Sharon Graaf v. Scranton Counseling Center (WCAB)
Commonwealth Court of Pennsylvania – Unpublished Memorandum Opinion
Decided: September 10, 2026
Issue:
Whether the WCJ’s decision was based upon insufficient record review, was arbitrary and capricious, and was based upon improper evidence?
Background:
Claimant filed a Claim Petition asserting that she sustained a work injury in the nature of bilateral carpal tunnel syndrome & aggravation of cervical degenerative disc disease, seeking various periods of TTD and TPD. Employer denied any compensable work injury. The WCJ found that Claimant failed to meet her burden of proving a compensable injury, finding the Claimant not credible, based upon the evidence as a whole. The WCJ found Employer’s medical expert more credible than Claimant’s. Claimant filed an appeal to the Board. The Board affirmed.
Holding:
Regarding Claimant’s argument that documents allegedly did not reach the WCJ, this does not establish error on the WCJ’s part. Claimant bore the burden of providing the WCJ with evidence of her disabling work injury and its causal connection to a work incident. Claimant does not contend that the absence of such documents from the record was the result of any kind of administrative breakdown or malfeasance by Employer, so her argument is without merit. Further, while Claimant may have been embarrassed or disconcerted by a certain question, her reaction had no bearing on the issues she raised and the question and her answer were not mentioned by the WCJ in his factual findings and do not appear to have been a material factor in his decision. Finally, the Employer’s medical expert did not ignore evidence. The testimony and other evidence were accurately reviewed by the WCJ, and it was not false or contradictory. Claimant failed to provide any legitimate reason to disturb the WCJ’s credibility finding.
Affirmed.
Susan Rathfon v. Rite Aid Corporation (WCAB)
Commonwealth Court of Pennsylvania – Unpublished Memorandum Decision
Decided: September 23, 2026
Issues:
Whether the WCJ erred in failing to amend the work injury to include the cervical spine surgery? Whether the WCJ’s grant of Employer’s Termination Petition was unsupported by the record?
Background:
Claimant sustained a work-related injury while working as a pharmacist for Employer. The WCJ granted Claimant’s claim petition, describing her work injury as an aggravation of the degenerative condition of her cervical spine, most predominantly at the C6-7 vertebra causing C7 radiculopathy. Employer filed a termination petition alleging that Claimant had fully recovered from her work injury. Claimant thereafter filed a Claim Petition seeking disfigurement benefits because she had sustained a cervical scar as the result of surgery for the work injury. The parties confirmed that the scope of the proceeding before the WCJ was limited to Claimant’s claim for disfigurement and Employer’s Termination Petition. Employer’s expert opined that Claimant sustained the accepted work-related injury, and that she had fully recovered from that injury at the time of the IME. At no time did Claimant ask the WCJ to amend the description of her work injury to include her August 2022 surgery. The WCJ found the Claimant to be fully recovered, granting the termination petition and concluded that Claimant established her work injury caused disfigurement to her neck, and awarded her 50 weeks of specific loss benefits. Claimant appealed the WCJ’s decision to the Board. The Board affirmed.
Holding:
Claimant did not seek an expansion of her work injury in her Claim Petition but only sought disfigurement benefits related to neck scarring. Claimant’s Claim Petition sought disfigurement benefits only and did not request an expansion of her work injury to include her surgery. At multiple points during the WCJ hearing, counsel for the parties and Claimant herself addressed the scope of the proceeding and agreed that it was limited to her claim for disfigurement benefits and Employer’s Termination Petition. The WCJ, in rendering her decision, reiterated these parameters. The record demonstrates that Claimant never asked the WCJ to amend her work injury to include her surgery, and cannot now claim that the WCJ failed to take such action. Accordingly, Claimant waived this issue. The WCJ, as fact finder, has complete authority over questions of witness credibility and evidentiary weight. Upon review of the record, ample evidence supports the determination that Claimant has fully recovered from her work injury. The WCJ’s credibility determinations and findings are supported by substantial evidence in the record. The fact that Claimant viewed the expert testimony differently than the WCJ is not grounds for reversal, as it is irrelevant whether the record contains evidence to support findings other than those made by the WCJ, where there is evidence to support the findings actually made. The Board properly affirmed the WCJ’s decision to grant Employer’s Termination Petition.
Affirmed.
PENNSYLVANIA LEGISLATIVE REVIEW
Senate Bill 1094.
A while ago, the Commonwealth of Pennsylvania, House L&I Committee, voted on what was then designated as HB 183. This Bill expands access to workers’ compensation disfigurement benefits by increasing the duration of eligibility from up to 275 weeks to a new level of up to 400 weeks, extending the benefit to the entire body, and not just to the head, face and neck, and allowing these benefits to be paid simultaneously with indemnity benefits. The bill was passed by the House on April 7, 2025, and has now been referred to the Senate Labor & Industry Committee. It is now under Senate Bill 1094 and has yet to be reported from the committee.
Other Selected Proposed Legislation of Interest in the 2025-2026 session
The following selected amendments to the PA Workers’ Compensation Act have been proposed, but as of this date are in early stages, and no formal vote has been held, and these are referred to their respective L&I Committees:
In the Senate: (these are still in committee)
Senate Bill 801 – Seeks to clarify that the Act provides the exclusive remedy for any injury or disease that may arise out of hazardous occupational exposure, whether the disease is compensable or not.
Senate Bill 894 – Seeks to clarify the “Independent Contractor Classification.”
Senate Bill 1151 – Removal of Clinical Practice Requirement for Physicians Performing Impairment Rating Evaluations (IREs).
Senate Bill 1215 – Addressing Excessive Costs for Prescription Topical Drugs in Workers’ Compensation. Reported as “committed” effective June 2026.
House Bill 2049 – Raising Workers’ Compensation Burial Benefits. (Sent to the Senate on June 18, 2026)
House Bill 2087 – Ensuring that volunteer firefighters and EMTs are covered under workers’ compensation when injured during fundraising activities. (Sent to the Senate on April 2026)
Approved by the Senate on March 24, 2026 – Sent to the House and now referred out of Committee as amended in April 2026.
Senate Bill 1053 – Seeks to clarify workers’ compensation coverage for EMS Volunteers.
In the House Only: (these are still in committee)
House Bill 1766 – Workers’ Compensation Coverage of Prescribed Medical Cannabis (Formerly HB 1079).
House Bill 1998 – Modernizing and Improving Medical Treatment in Workers’ Compensation
NEW JERSEY WORKERS’ COMPENSATION
CASE SUMMARIES
9/1/2026 – 9/30/2026
SECTION 40 OF THE WORKER’S COMPENSATION ACT
Haskins v. Casey, et al.
Superior Court of New Jersey, Appellate Division
A-2487-25; 2026 WL 2819689
Decided: 9/21/2026
Background:
Petitioner Dane Haskins was employed by Defendant Ekornes as a material handler. He filed an Employee Claim Petition for injuries to his left shoulder he sustained in an incident with pallets. The petitioner resolved his claim via an Order Approving Settlement and was awarded $88,995.00 in permanent disability benefits.
Petitioner then filed complaints against Defendants. He alleged that after he filed his workers’ compensation claim, he was placed on leave under FMLA, they denied his request for work accommodation and ultimately terminated his employment. He pleaded several causes of action and also alleged that he was wrongfully discharged in retaliation for the workers’ compensation claim. Haskins moved for partial summary judgment seeking an order to enforce Section 40 of the Worker’s Compensation Act. The motion was granted. Defendants appealed the Section 40 aspect of the Order.
Holding:
Section 40 allows workers’ compensation insurance carriers to obtain reimbursement of benefits when a third party caused the employee’s injury. Petitioner reasons that the workers’ compensation carrier will have a lien against any recovery he might receive from his LAD claims so he should be able to pursue his personal injury claim as part of his LAD claims. The court rejected the reasoning as the petitioner’s work injury did not arise out of any discrimination claim under the LAD. Further, the employer and insurance carrier asserted that they will not assert a lien against any recovery he may receive in his LAD claim. Petitioner further argued that his workers’ compensation retaliation claim allows him to seek damages for his shoulder injury at trial. The court disagreed and noted that the legislature did not include setting aside the WCA’s exclusivity provision as a remedy.
Reversed and remanded.
NEW JERSEY LEGISLATIVE UPDATE
Assembly Bill 4617
Concerns certain workers’ compensation supplemental benefits and funding method.
Last Action: March 10, 2026 – Introduced, Referred to Assembly Labor Committee
Senate Bill 3984/A1023
Requires workers’ compensation, PIP, and health insurance coverage for the medical use of cannabis under certain circumstances.
Last Action: March 19, 2026 – Introduced in the Senate, Referred to Senate Commerce Committee
Senate Bill 3342
Increases statutory mandatory retirement age for Supreme Court Justices, Superior Court Judges, Tax Court Judges, Administrative Law Judges, and Workers’ Compensation Judges from 70 to 75.
Last Action: February 5, 2026 – Introduced in the Senate, Referred to Senate Judiciary Committee
Senate Bill 3571/A3548
Provides certain volunteer and other workers with maximum compensation benefit for workers’ compensation claim regardless of outside employment.
Last Action: May 7, 2026 – Reported and Referred to Assembly State and Local Government Committee
Assembly Bill 4827
Requires Administrative Law Judges to be enrolled in Workers Compensation Judges Part of PERS.
Last Action: May 4, 2026 – Introduced, Referred to Assembly State and Local Government Committee
Senate Bill 4381
Exempts election worker compensation from taxation.
Last Action: June 1, 2026 – Introduced in the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee
