Often, workers’ compensation cases that are litigated through Pennsylvania’s appellate courts have multiple issues. We bloggers always appreciate when the courts address multiple issues in a single decision. It lets us discuss more than one issue in a blog entry, making a more efficient experience for our loyal readers. A…
In 2009, we discussed an article in the Journal of the American Academy of Orthopaedic Surgeons, which advised patients to try physical therapy before resorting to low back surgery for degenerative disc disease. Now, six years later, a University of Pittsburgh study found that surgery and physical therapy achieved roughly…
There is no question that an aggravation of a pre-existing condition is considered a new injury in Pennsylvania, and can be the basis for an award of workers’ comp benefits. However, a dispute which can arise in these kinds of cases is whether ongoing effects or limitations are from the…
Since there is no payment for pain and suffering available in PA workers’ compensation cases, the amount an injured worker receives for wage loss benefits is critical. These wage loss benefits are set by the “Average Weekly Wage” (AWW), which is calculated based on formulas found in the Pennsylvania Workers’…
Under Pennsylvania workers’ compensation law, there are three types of mental injuries. The burden of proof is different depending upon which of these types is involved. A mental injury, resulting from a mental incident, known as a “mental/mental claim,” is the one which generates the most litigation. In this type…
****REVERSED BY SUPREME COURT OF PENNSYLVANIA ON MAY 25, 2016 – SEE UPDATED BLOG ENTRY***** We have addressed the topic of Impairment Rating Evaluations (IREs) many times in this blog; in addition, we have recently created a page on our website explaining the IRE process in greater detail. As…
Recently, we attended a seminar to be briefed on changes in the rules, formally known as the Special Rules of Administrative Practice and Procedure before Workers’ Compensation Judges or the Workers’ Compensation Appeal Board (each has a separate set of rules). Since our practice is limited to representing injured workers…
When an employee in Pennsylvania suffers a work injury, he or she is entitled to workers’ compensation benefits as long as the wages of the injured worker are reduced due to the effects of the work injury. That certainly sounds like a simple matter, and a reasonable rule, but, as…
One of the more common injuries we see in Pennsylvania workers’ compensation is a tear of the rotator cuff in the shoulder. We have discussed this kind of injury previously on the blog. This kind of injury can happen suddenly, or it can occur progressively, over a period of months,…
We at Brilliant & Neiman LLC pride ourselves on providing excellent communication with our clients. We know the injured worker may have questions or concerns, and need to talk to their attorney. So, calls are always returned promptly, so we can be there for our clients. With this in mind,…