Andrew C. Onwudinjo's Legal Cases (2)

Workers compensation

Edmondo Bemis v. WCAB {Perkiomen Grille Corp]

Jan 01, 2011

OUTCOME: The case was remanded for calculation and payment of compensation benefits.

Bemis was employed as a Chef and Manager. While moving kegs of beer, he developed severe chest pain. Two days later, he suffered another episode while lifting heavy pot of chili. He was transported to ... the hospital and eventually underwent quintuple bypass surgery. The workers compensation judge accepted the medical testimony of the doctor who testified on behalf of Bemis. However, he concluded the medical testimony was equivocal, and he denied the claim. The Pennsylvania Workers' Compensation Board agreed with the Judge. The commonwealth Court concluded the testimony was unequivocal and established the connection between the heart attack and claimant's job.

Workers compensation

Schreffler V. WCAB [Kocher Coal Co] 788 A.2d 963 [Pa. Supreme Court. 2002]

Jan 01, 2002

OUTCOME: The Pennsylvania Supreme Court held that payment of the psychological bills created a rebuttable presumption that the payments were in lieu of workers' compensation for purposes of tolling the statute of repose.

In 1979, the Schreffler suffered a work related back injury and disability. Employer accepted responsibility for the back injury and the Schreffler collected disability benefits. Prior to 1979, there w ... as a flood in the employer's coal mine resulting in the death of many coal miners. Schreffler, was part of the team responsible for retrieving the dead miners. Thereafter, Schreffler developed serious and debilitating psychological problems. Employer for years paid the bills for the psychological treatment. In 1993, employer stopped payment of the psychological bills because it did not officially accept responsibility for the psychological injury, and Schreffler did not file a claim within three years.

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