The URL can be used to link to this page

Home My WebLink About04-2634Brian J Puhala. Esq. PA52677 Halt & Puhala, P.C. The Wellington 17 E High St STE 101 Carlisle, PA 17013-3047 (717) 249-4500/263 -7444 249-241 ! (fax) Attorney for Plaintiff RHONDA KUSH, Plaintiff CUMBERLAND CROSSINGS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Civil Action - Law i No. rig/-/''- PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT PURSUANT TO SECTION 428 OF THE WORKERS' COMPENSATION ACT, 77 P.S. §921 Pursuant to section 428 of the Workers' Compensation Act, 77 P.S. 921, enter judgment against Defendant in the amount of $30,000.00, plus continuing compensation as provided by the Workers' Compensation Act, together with interest from March 30, 2004, as specified by section 406.1 of the Workers' Compensation Act, based upon the following: 1. On March 30, 2004, WCJ Karl Peckmann issued a Decision and Order adopting stipulations between the parties herein resolving a Penalty Petition and a Review Petition filed by Plaintiff pursuant to the Permsylvania Workers' Compensation Act. A certified copy of that order and the stipulations is being filed concurrently with this Praecipe. 2. This matter was not appealed to the Workers' Compensation Appeal Board. 3. Defendant failed to make the payments as agreed to between the parties within thirty (30) days of the date of the order. By operation of section 428 of the Workers' Compensation Act, Defendant is in default for failing to reinstate compensation for total disability within thirty (30) days of the date of the decision of the Workers' Compensation Judge. Respectfully submitted, Hair & Puhala, P.C. By Brian J Puhala PA52677 The Wellington 17 E High St STE 101 Carlisle PA 17013-3047 (717) 249-4500 AFFIDAVIT I verify that I have personal knowledge of all facts not of record set forth in the foregoing Praecipe, and that such facts are true and correct, to the best of my knowledge, information, and belief. I acknowledge that any false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unswom falsification to authorities. Brian J Puhala Received BWC 2004-04-02 ~TR-005 REV.09/05/00 COMMONWEALTH O~ PfiNN$¥LVA DEPARTMENT OF LABOR AND INDUSTRY BUREAU OF P/ORKERS' COMPENSATION 717-7S3-4419 Circulation Date: 03/30/2004 '1 KARL PECF44;~NN HARRISBURG JUDGES OFFICE EAST GATE CENTER 1010 NOET~ SEVENTH STREET HARRISBURG PA 17102-1400 DECISION RENDERED COVER LETTER Bureau Claim Number: 2354710 [nsurerClaimNumber: 2~0041902700 Petitions: Penalty-Pet Pet-To Review Compensation Benefits RHONDA KUSH $5 CORNMAN DR NEWVILLE, PA 17241 BRIAN J PUHALA ESQ HAIT & PUHALA PC THE WELLINGTON STE 101 17 E HIGH ST CARLISLE, PA 17013 Vs ZUMBERLAND CROSSINGS 1 LONGSDORF WAY CARLISLE, PA 17013 JAMES T. WE1KEL, ESQUIRE LAW OFFICES MICHAEL P SOSSO DDI PLAZA ONE STE 300 1225 WASHINGTON PIKE BRIDGEVILLE, PA 15017 FIRE AND CASUALTY INSURANCE COMPANY OF CONNECTICUT CIO ROYAL & SUN ALLIANCE S375 FI_~NK DR STE 100 HAR. RISBURG, PA 17112 COMMONWEALTH OF PENNSYLVANIA 9WC LEGAL DI¥ [71 S. CAMERON STREET ~,OOM 327 {ARRISBURG, PA 17104-2501 Judge: Karl H Peckmann East Gate Center 1010 North Seventh Street HarrisburR, PA 17102-1400 DECISION The attached Decision of the Judge is final unless an appeal is taken to the Workers' Compensation Appeal Board as provided by law. If you do not agree vn'th this Dec/s/on, an appeal must be filed with the Workers' Compensation Appeal Board within 20 days from but not including the date of this notice. Forms for an appeal may be obtained from the Workers' Compensation Appeal Board, Capital Associates Building 901 North Seventh Street Third Floor South Harrisburg, PA 17102 ] OPEN [~CLOSED []SUSPENDED [~]UNKNOWN TO WCJ Page I of 2 R~ceive~ BWC 2004--04-02 I/honda Kush Ci-;"' Number: 2354710 Review/Penalty Petitions Page 1 of I FINDINGS OF FACT: 1. The Stipulalion has been reviewed and is approved and incorporated hy reference into this Decision. CONCLUSIONS OF I. AW: i. The parties art' bound by the provisions o/'the Pennsy[vanla Workers' Compensation Act, as amended. 2. The terms of the Stipulation are consistent with the provisions of the Act. ORDER The Review and Penalty petitions are granted consistent with the attached Stipulation. Karl H. Peckmann, WORKERS' COMPENSATION JUDGE K]-IP/0s LIBC-475 REV 6-01 Ha~isburg, PA 17104 BUREAU OF WORKERS' COMPENSATION June 7, 2004 The ~regoing ~ herebycertified~beatrueandandcorrectcopyof Decision Circulated March 30, 2004 Rhonda Kush v. in thecaseof Cumberland Crossings, BWC #2354710 Judge Karl H. Peckmann's as full, entire, and complete as the same remains on file in the Bureau of Workers' Compensation of the Department of Labor and Industry. Ce~ifiedthb 7th dayof June 2004 Chief Claims Management Division AI'YEST: I hereby certify that Nathaniel M. Holmes , who signed the foregoing, was at the time of signing, Chief, Claims Management Division, Bureau of Workers' Compensation, and as such, was the legal custodian of the above-described records. IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the seal of the Department of Labor and Industry to be affixed on this 7 th day of June ~2004 Seal of the Department of Labor and Industry Sandrat/J. Neal COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF LABOR AND INDUSTRY WORKERS' COMPENSATION APPEAL BOARD Third Floor Capital Associates Building 901 North Seventh Street Harrisburg, PA 17102 Rhonda Kush Claimant Cumberland Crossings ) ) Defendant ) PA BWC Claim No,: 2354710 S.S.: 232-06-5620 Fire and Casualty Company of Connecticut c/o Royal & SunAlliance Insurance Company STIPULATION 1, This matter is before this Honorable Judge pursuant to Petition to Review and PenalW Petition filed by Claimant, Rhohda Kush. 2. The parties have decided to resolve the petitions in the following manner: a) b) c) d) e) f) g) h) Reinstatement of temporary total disability benefits from December 11, 2001 through January 21, 2002 at the rate of 297,36, less a credit for benefits already paid and/or wages earned. Payment of temporary partial disability benefits from January 22, 2002 through Claimant's resignation on June 25, 2002, less a credit for benefits already paid and/or wages earned. Payment of temporary total disability benefits from June 25, 2002 and continuing until such time that Claimant's disability status changes. Statutory interest to be paid on all past due benefits. A 15% penalty to be added to the payment of the past due benefits. Attorney's fees of $2000.00 to be paid to Halt & Puhala, P.C., not to be deducted from the past due benefits owed to Claimant. Reimbursement of litigation costs in the amount of $568.76 to be paid to Hair & Puhala, P.C. Deduction of 20% attorney's fees from Claimant's checks beginning the date of this Judge's Final Order. ~) Payment directly to Claimant for her payment, out-of-pocket, for medical treatments related to the work injury of December 1, 2001, upon proof of payment. WHEREFORE, Claimant, Rhonda Kush and Defendants Cumberland Crossings and Fire & Casualty Insurance Company c/o Royal & SunAIliance request that this Honorable Judge adopt this stipulation. Brian Puhala, Esquire (Attorney for Claimant) ~ounj~el f~r DefEndant/E'nployer t~' Cucdberlan~,..~ossings and Fire & Casualty insurance Company c/o Royal & SunAIliance