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’…
Just the other day, an injured worker called us, complaining that their employer refused to send them to a “workers’ compensation doctor.” It seems that there is more confusion in this area than in many within the complicated world of Pennsylvania workers’ compensation. While medical treatment for the work injury…
One of the frequent questions we are asked is regarding the settlement of a Pennsylvania workers’ compensation claim. In fact, there is a page on our website just devoted to settlements. When considering whether to settle his or her case, there are several things an injured worker should consider. Initially,…
Though the phrase “scope and course of employment” does not appear anywhere in the Pennsylvania Workers’ Compensation Act, this is a frequent issue involved with appellate cases. After all, a work injury is only compensable if one was performing his or her job at the time of the injury. This…
In past blog posts, we have discussed the Uninsured Employers’ Guaranty Fund (UEGF). This is the safety net available for workers who have been injured while working for an employer who (in violation of Pennsylvania law) fail to carry PA workers’ compensation insurance. While the UEGF does give these injured…
When a party to a PA workers’ compensation litigation receives a decision of the Workers’ Compensation Judge (WCJ), the party can file an appeal to the Workers’ Compensation Appeal Board (WCAB). If a party is not successful before the WCAB, then the party can file an appeal to the Commonwealth…
The Pennsylvania Workers’ Compensation Act sets forth that medical treatment related to a work injury is to be paid for by the workers’ comp insurance carrier (provided the treatment is reasonable and necessary). If there is a dispute as to whether treatment is related to a work injury, a petition…