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Pennsylvania Workers' Compensation Lawyer Blog

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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,…

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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…

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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). …

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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.…

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Lay Witness Testimony Enough to Support Fatal Claim Petition in PA Workers’ Compensation

When one thinks of an “injury,” typically one is imagining a sudden physical incident.  Maybe a roofer falls from a ladder.  A nurse pulls her back positioning a patient.  A machine operator catches a hand in a device.  While these are certainly injuries we see in PA workers’ compensation, not…

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Utilization Review in PA Workers’ Compensation Will Have to be Filed Electronically

We have discussed the role of Utilization Review (UR) both on our website and on our blog.  This helps demonstrate how important this concept is in the Pennsylvania workers’ compensation system.  As the Bureau’s Workers’ Compensation Automation and Integration System (WCAIS) takes an increasingly bigger role in the practice of…

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New Hope for Relief From Pain of RSD/CRPS – Neridronic Acid

Representing injured workers in Pennsylvania, we see many severe injuries.  One condition which certainly belongs in this category is Reflex Sympathetic Dystrophy (RSD), otherwise known as Complex Regional Pain Syndrome (CRPS).  This debilitating condition has been discussed on our blog in the past. Since a hallmark of RSD/CRPS is incapacitating…

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Employee Paid By The Week At The Time Of The Work Injury, Regardless Whether He Was Paid Otherwise At Other Times

This seems to be the month for Average Weekly Wage (AWW) cases.  If you have not been keeping up with our blog (first, shame on you! 😉 ), AWW is the calculation of an injured worker’s wages, which is used to determine the amount of workers’ compensation benefits the injured…

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Truck Driver for Apple Harvest Not Seasonal Employee

As we have discussed previously, the vast majority of folks working in Pennsylvania are covered by the Pennsylvania Workers’ Compensation Act.  However, the calculation of wages, for the purposes of awarding workers’ comp benefits, can vary by the status of an employee.  For example, a “seasonal” employee is treated differently…

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Volunteer Firefighter Must Show Specific Proof of Exposure to Get Presumption in PA Workers’ Comp

With the recent decision by the Supreme Court of Pennsylvania to accept appeal in the Sladek case, and the multitude of cases in Commonwealth Court, litigation regarding the presumption of cancer in firefighters is a hot topic. One area which was not addressed, until the recent Commonwealth Court decision in…

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