We have been following the status of the Impairment Rating Evaluation (IRE) process in PA closely, ever since the Supreme Court of Pennsylvania declared the IRE process unconstitutional in Protz v. Workers’ Compensation Appeal Board (Derry Area School District). This has included interpretations by the Commonwealth Court of PA in…
Did you know that an injured worker in Pennsylvania can choose his or her own doctor? There is a common misunderstanding in the general public that the workers’ compensation insurance carrier can dictate the medical treatment of an injured worker. While a workers’ comp insurance company MAY be able to…
For better or worse, there has not been much happening in the Pennsylvania appellate court system, so we have not be able to post any case law updates. However, we would like to remind everyone that the next seminar in Brilliant & Neiman LLC’s Continuing Education Series is scheduled for…
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…
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…
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…
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…
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…
Unfortunately, due to what appears to be a problem with Comcast business phone service across several states, we currently cannot be reached by telephone. Please try to contact us by e-mail at gneiman@bnlegal.com or dbrilliant@bnlegal.com or by messaging us at our Facebook page. We deeply regret this inconvenience, and hope…
“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…