Tag Archives: Pennsylvania Workers Compensation Attorney
Pennsylvania Department of Labor and Industry Issues a Statement Regarding Impairment Rating Evaluations and the Protz Decision
On June 21, 2017, the Pennsylvania Department of Labor and Industry issued the following statement in the wake of the Supreme Court decision in Protz v. WCAB: On June 20, 2017, the Pennsylvania Supreme Court issued its decision in Protz v. WCAB (Derry Area School District), Nos 6 WAP 2016, 7 WAP 2017, holding… Read More »
PENNSYLVANIA SUPREME COURT HOLDS THAT THE WORKERS’ COMPENSATION IMPAIRMENT RATING EVALUATIONS ARE UNCONSTITUTIONAL
As noted in a previous article on this blog, the Pennsylvania Supreme Court agreed to hear and decide the case of Protz v. Workers’ Compensation Appeal Board (Derry Area School District), 124 A.3d 406 (Pa. Cmwlth. 2015), to determine whether impairment rating evaluations (IREs) were an unconstitutional delegation of the General Assembly’s legislative power… Read More »
The Importance of Unequivocal Expert Testimony in Pennsylvania Worker’s Compensation Cases
In a recent unreported Commonwealth Court decision, Nestle USA, Inc, v. WCAB (Gallen) 2017 WL 1131090, the Court examined the sufficiency of a Claimant’s expert testimony and affirmed both the Workers’ Compensation Judge and Workers’ Compensation Appeal Board’s decisions awarding workers’ compensation benefits to a Claimant suffering from Legionnaires’ Disease as a result of… Read More »
Does an Impairment Rating Exam have to consider only the injuries recognized by the Insurance Company?
In a previous article we discussed impairment rating evaluations (IRE) and how they can impact your Pennsylvania worker’s compensation case. Recently, the Pennsylvania Supreme Court in the case of Duffey v. WCAB, addressed whether an Impairment Rating physician evaluator is required to consider any “particular impairment” that is “due to” the compensable injury. Under… Read More »
HOW TO GIVE YOURSELF THE BEST CHANCE TO WIN YOUR PENNSYLVANIA WORKER’S COMPENSATION CASE
Immediately report the injury no matter how insignificant it may be. DO NOT assume that “everyone knows” that you were injured. Memories fade and co-workers often “forget” that you informed them of an injury. Keep a written record of who you reported the injury to and what you told them. Pennsylvania Workers’ Compensation requires… Read More »
STATUTE OF LIMITATIONS: WHAT DOES IT MEAN FOR PENNSYLVANIA WORKER’S COMPENSATION CASES?
In Pennsylvania civil and administrative law, if you want to file a lawsuit or file a claim for damages, you will usually have a certain period of time in which you will need to file that lawsuit or claim and if you don’t file within that period of time, you will be barred from… Read More »
Court Finds Convenience Store Employee Shot in Employer’s Parking Lot Eligible for Pennsylvania Workers’ Compensation Benefits
In a previous article we discussed the “Going and Coming Rule.” Generally, under the “Going and Coming Rule” injuries sustained while an employee is traveling to and from his place of employment are considered to be outside the course and scope of employment and are, therefore, not compensable under the Pennsylvania Workers’ Compensation Act…. Read More »
2017 Pennsylvania Workers’ Compensation Rates Released
Every year, the Pennsylvania Department of Labor and Industry determines the maximum workers’ compensation rate for injured workers who sustain an injury and associated wage loss for that year. For injured workers who sustain wage loss for the period of January 1, 2017 through December 31, 2017 the maximum amount of workers compensation the… Read More »
OSHA Injury Reporting Requirements Could be a Sword for Pennsylvania Injury Cases
On Dec. 16, 2016, the Occupational Safety and Health Administration (OSHA) issued a major record-keeping rule clarification. Pursuant to the new guidance, an employer has a “continuing obligation” to make and maintain accurate records of each recordable injury and illness. As a result, employers who fail to properly record workplace injuries and illnesses can… Read More »
DO I HAVE TO SIGN PAPERWORK TO SEE THE COMPANY DOCTOR IN MY PENNSYLVANIA WORKERS’ COMPENSATION CASE?
Once you are injured at work, you are required to report the injury to your employer. Once you do that you are usually asked to sign paperwork which could include an accident report and/or a panel physician list. The panel physician list is commonly known as the list of “Company Doctors.” Normally, an employee… Read More »