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Pennsylvania Workers' Compensation Lawyer Blog

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Injured Worker in PA Can Reinstate From IRE; Testimony Required

A couple of months ago, we talked about the Whitfield v. Workers’ Compensation Appeal Board (Tenet Health System Hahnemann LLC) decision by the Commonwealth Court of Pennsylvania.  This was the first time the Court addressed the PA Supreme Court decision in Protz v. Workers’ Compensation Appeal Board (Derry Area School…

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PA Workers’ Compensation Seminar – Continuing Education Series

Brilliant & Neiman LLC is proud to announce a Continuing Education Series, with topics of interest to the injured worker in Pennsylvania.  The initial seminar in the series will take place on Tuesday, September 25, 2018 at 7:00 p.m., at the headquarters of the firm, 260 West Street Road in…

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PA Workers’ Comp Insurance Carriers Get No Credit Against Future Medical Benefits

When an injured worker in PA settles a personal injury case against a third party (typically from a work-related car accident, a products liability case or similar), the workers’ compensation insurance carrier has its hand out to get repaid for the wage loss and medical benefits provided to the injured…

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WCAB Must Provide Explanation For Changing Award of Disfigurement Benefits by WCJ

Facial disfigurement is the only aspect of the Pennsylvania Workers’ Compensation Act under which a Workers’ Compensation Judge (WCJ) has the discretion to award anywhere from zero to 275 weeks of workers’ compensation benefits.  Since such injuries can range from barely noticeable to tremendously disfiguring, these cases vary widely in…

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Post-Protz Decision from Commonwealth Court of PA – The Good and the Bad

Since the Supreme Court of Pennsylvania set the PA workers’ compensation system abuzz in the Protz case by striking the entire Impairment Rating Evaluation (IRE) section from the Pennsylvania Workers’ Compensation Act (Act), we have waited to see some appellate decision interpreting Protz.  The Commonwealth Court of PA has now…

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Requirement to Give Notice of a Work Injury in PA is Triggered With Knowledge of Injured Worker

“Notice” of a Pennsylvania work injury is an issue which we have previously addressed in this blog.  Essentially, an injury must be reported to the employer within 21 days to have benefits date back to the first day, and within 120 days of the injury to have an entitlement to…

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Thoracic Outlet Syndrome and Brachial Plexopathy in PA Workers’ Comp

Thoracic Outlet Syndrome (TOS) and Brachial Plexopathy are two conditions we see representing injured workers in Pennsylvania.  These conditions were recently in the news in the Philadelphia area, with the report that Phillies pitcher Vince Velasquez underwent surgery for TOS in the previous offseason.  Indeed, it is not an uncommon…

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BCBA Celebrates Law Day with Seminar Addressing the Three Branches

Last week, we were fortunate enough to be in attendance as the Bucks County Bar Association presented a seminar addressing the three separate branches of government, as a celebration of Law Day.  Listening to presentations from each of the branches provided fascinating insight to see how government works, from the…

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