Once PA workers’ compensation benefits are modified or suspended, such as by the injured worker resuming gainful employment, the injured worker has at least 500 weeks within which he or she can reinstate total disability benefits (if the disability related to the injury recurs). If the benefits had been modified…
******************REVERSED BY SUPREME COURT OF PENNSYLVANIA – SEE BLOG ENTRY 1/20/17******************** One of the big changes to the Pennsylvania Workers’ Compensation Act in the overhaul of 1996 was the introduction of the Impairment Rating Evaluation (IRE). This has become such a significant part of the Act that our website has…
We rarely discuss Pennsylvania appellate cases other than those directly involving workers’ compensation. However, a recent unemployment compensation case touches on the workers’ compensation process, and may be of interest to our readers. The case is Paolucci v. Unemployment Compensation Board of Review, recently decided by the Commonwealth Court of…
An often litigated provision within the Pennsylvania Workers’ Compensation Act (Act) is the 1996 addition, which provides workers’ comp insurance carriers with an ability to change “total” disability status to that of “partial” disability. This is known as the Impairment Rating Evaluation (IRE) process. The significance of such a change…
The Pennsylvania Bureau of Workers’ Compensation has been much more open about changes in the hiring and assignment of Workers’ Compensation Judges (WCJs) than in years past. In fact, to the credit of the Bureau, we have received electronic notification regularly for additions or changes in the workers’ compensation hearing…
Though it caused our attorneys to be out of town for a couple of days earlier this week, Brilliant & Neiman LLC felt it important that our attorneys attend the annual Pennsylvania Bureau of Workers’ Compensation Annual Conference in Hershey. This two-day seminar allowed our attorneys to discuss the law…
We have been following the case of School District of Philadelphia v. Workers’ Compensation Appeal Board (Hilton) through the Commonwealth Court of Pennsylvania decision, and into the Supreme Court of PA. As you might recall, this case deals with whether a Notice of Ability to Return to Work must be…
Spinal cord stimulators have been around for many years. In fact, the FDA first approved the use of such devices back in 1989. These devices can provide relief to those who live in chronic pain. Many of our clients have benefited from these devices, though not all patients have success…
Some time ago, there was a page on the website of the Pennsylvania Bureau of Workers’ Compensation which contained the practices and procedures of some Workers’ Compensation Judges (WCJs) in the Bureau. There were not that many of the WCJs listed, and the information was rarely updated. We are pleased…
As we have discussed in the past, an injured worker in Pennsylvania is not eligible for workers’ compensation wage loss benefits if he or she is “incarcerated after a conviction.” That same phrase also appears in the Unemployment Compensation Law, for folks who lose their jobs through no fault of…