On our blog, as you probably noticed, we like to share court opinions which are of interest to the injured worker in PA. Typically, of course, these opinions deal with interpretations of the Pennsylvania Workers’ Compensation Act (Act). Also, typically, these are opinions rendered by the Commonwealth Court of Pennsylvania. …
Previously on this blog, we have discussed the rights held by injured workers in Pennsylvania to choose their own medical providers. This is only one area of confusion in the wacky world of medical benefits under the Pennsylvania Workers’ Compensation Act (Act). A common complaint we get from an injured…
We had heard on the grapevine that The Honorable Joseph Hagan, the current Judge Manager for the Southeastern District for the Pennsylvania Bureau of Workers’ Compensation, would be stepping down in the near future. We have now heard confirmation of this change from the Bureau. We are pleased to relate…
Whether an employee hurt during the commute to work is covered by the Pennsylvania Workers’ Compensation Act (Act) is always a difficult analysis, and one we often encounter here. Each case depends on the specific facts involved. While most employees (those who are “stationary” employees) are not covered for the…
We have often discussed the importance of winning a case before the Workers’ Compensation Judge (WCJ). This is because the WCJ is the “ultimate finder of fact.” Determinations of credibility made by a WCJ cannot be challenged on appeal. Indeed, appellate courts can only change the decision of a WCJ…
We have lamented the severe and draconian limits on the ability to challenge Utilization Reviews (URs) on this blog before. We have seen a case where a healthcare provider sent a treatment summary and talked with the reviewer, and a case where records were actually submitted by the provider, but…
Pennsylvania’s legislators try their best to represent their constituents; I believe this is true the vast majority of times. But, there are certainly times when the results of their actions are very difficult to reconcile with the best interests of those they have sworn to protect. Currently pending in the…
Several years ago, we were excited to tell everyone about the Supreme Court of Pennsylvania decision in Phoenixville Hospital v. Workers’ Compensation Appeal Board (Shoap). It was this case that made clear workers’ compensation insurance carriers in PA could not simply use a classified “help wanted” ad to reduce every…
Among the benefits available under the Pennsylvania Workers’ Compensation Act (Act), are “fatal claim” benefits. Since these are only relevant for work accidents which involve the death of a worker, these are not things we like to often see. Unfortunately, sometimes these things do happen, and they are cases which…
As we have previously mentioned, the Pennsylvania Bureau of Workers’ Compensation rarely provides official or formal notice regarding the addition or subtraction of Workers’ Compensation Judges (WCJs) in the Commonwealth. As usual, it is up to us to point out these changes, from our contact with other attorneys, and from…