We have discussed Section 204(a) of the Pennsylvania Workers’ Compensation Act (Act) on this blog in the past. This is the provision of the Act that provides a credit to the workers’ comp insurance carrier for certain other benefits an injured worker might receive, such as pension, social security retirement,…
Pennsylvania Workers' Compensation Lawyer Blog
Worker Injured Jumping From Roof Entitled to PA Workers’ Comp Benefits
One of the more disputed areas of workers’ compensation in PA, and therefore the source of many appellate decisions, is whether an employee is injured in the scope and course of his or her employment. We have addressed scope and course of employment many times on this blog. Recently, another…
NTCP in PA Workers’ Comp Case Can Be Revoked if Done Within Five Days of Sending Check
We have discussed the Notice of Temporary Compensation Payable (NTCP or TNCP) on this blog in the past. This is a tool a Pennsylvania workers’ compensation insurance carrier can use if it is still investigating and unsure whether to formally accept liability for a work injury in PA (instead of…
PA Bureau of Workers’ Compensation No Longer Granting IRE Requests After Protz Decision
The fallout from the decision rendered by the Supreme Court of Pennsylvania in the Protz case is only just beginning. Since this decision will change how workers’ compensation cases are handled in PA (at least for the moment), the PA Bureau of Workers’ Compensation has now issued a statement on…
PA Supreme Court Declares Entire IRE Provision Unconstitutional
We have written volumes about the Impairment Rating Evaluation (IRE) process. It would now appear all of those words just became moot with the decision rendered by the Supreme Court of Pennsylvania, which ruled the entire IRE provision to be unconstitutional. Back in September of 2015, we talked about the…
Prescriptions for Pennsylvania Injured Workers Under Attack
House Bill 18 has made it out of committee and is expected to be voted on early next week (Tuesday). This bill would drastically change how injured workers in Pennsylvania would get their medications (and what medications they could get). Basically, the Bill introduces “Evidence-Based Medicine” to PA workers’ compensation…
PA Bureau of Workers’ Compensation Seminar
As we have done in the past, our attorneys will be at the Pennsylvania Bureau of Workers’ Compensation Conference in Hershey, PA, on June 12th and 13th. This is the one annual program run by the Bureau itself. There is a large attendance by adjusters, risk management and safety officials,…
PA Injured Worker Entitled to Partial Disability Benefits After Changing Modified-Duty Jobs
On this blog we often discuss the beginning and ending of a workers’ compensation case in Pennsylvania. This is a natural, and obvious, area of litigation. However, there is also potential for dispute, and thus, litigation, when an injured worker goes back to work. This is especially true where the…
Findings of Fact, and Determinations of Credibility, Made by PA Workers’ Compensation Judge Difficult to Change on Appeal
As attorneys representing the injured worker in Pennsylvania, there is a call we get far too often. It starts with the injured worker telling us that they lost their case before the Workers’ Compensation Judge (WCJ) and need assistance in litigating an appeal before the Workers’ Compensation Appeal Board (WCAB). …
Injured Worker in PA Found to be Independent Contractor, Despite Construction Workplace Misclassification Act and Late Answer
Since the Pennsylvania Workers’ Compensation Act covers “employees,” but not “independent contractors,” the relationship between these two terms is something we have previously discussed on our blog. A recent case from the Commonwealth Court of Pennsylvania on this topic featured an added twist of a late answer. In Hawbaker v.…