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…
Sometimes odd facts in a Pennsylvania workers’ compensation case make for an odd decision. Yet, even then, we can often find something of use in that decision. Seeing how appellate courts approach different situations helps us understand how that may translate to other fact patterns and enable us to better…
What is “medical treatment”? Though most folks know that medical treatment for a work injury is covered under the Pennsylvania Workers’ Compensation Act (Act), even the courts seem confused as to what constitutes “medical treatment.” In some ways, this issue was recently clarified by the Commonwealth Court of Pennsylvania. In…
One of the tools in the arsenal of the workers’ compensation insurance carrier in Pennsylvania, in their fight to take away benefits from injured workers, is the “Labor Market Survey” (LMS), also known as an “Earning Power Assessment” (EPA). Once an injured worker in PA has shown an entitlement to…
We are proud when our attorneys are asked to participate in continuing legal education seminars. Being invited to help educate other lawyers can only be viewed as a tremendous compliment. And, so we are pleased to relay that one of our attorneys, Glenn Neiman, has been invited by the Workers’…