There have been several entries on our blog dealing with Impairment Rating Evaluations (IREs). Some deal with the procedure used by workers’ comp insurance carriers to turn the IRE into a change in status, from total disability to partial. Others deal with the magic 50% level that an injured worker…
We have discussed psychological injuries many times in this blog, and bemoaned the additional requirement in Pennsylvania that the injury be caused by “abnormal working conditions” unlike a physical injury. For years, the appellate courts in Pennsylvania have been very strict against finding these “abnormal working conditions.” Often, as in…
When an injured worker in Pennsylvania goes back to work, but, due to the injury, suffers a continuing wage loss, the injured worker is entitled to partial disability benefits. Often, the question in these cases revolves around the reason for the wage loss. A recent decision rendered by the Commonwealth…
We received word from Elizabeth Crum, Director of Adjudication for the Pennsylvania Bureau of Workers’ Compensation that two Workers’ Compensation Judges (WCJs) will be assigned to different hearing offices shortly after the new year. WCJ Michael Hetrick, formerly with the Lancaster hearing office in the Eastern District, will be transferred…
We are so honored to have received word from LexisNexis that our blog has been selected as one of the Top Blogs for Workers’ Compensation and Workplace Issues for 2014. This is the fifth consecutive year we have received this recognition, the sixth time in total. We really are inspired…
We have discussed the concept of “Statutory Employer” on this blog in the past. This is something that happens when the direct employer of an injured worker lacks insurance. Most often this is seen in the construction world, where a subcontractor failed to carry insurance, so the general contractor (who…
We have previously discussed that a mental injury (resulting from a non-physical situation) in Pennsylvania must be the result of “abnormal working conditions” to create an entitlement to workers’ compensation benefits. The aspect typically on appeal is whether working conditions were actually “abnormal.” In a recent decision by the Commonwealth…
The Pennsylvania Bureau of Workers’ Compensation has just announced that the maximum workers’ compensation rate for injuries suffered in 2015 will be $951.00 per week. This is an increase over the $932.00 for injuries suffered in 2014. While we applaud the increase, we continue to be mindful of the general…
The primary intention of the Pennsylvania Workers’ Compensation Act, back when it was enacted in 1915, was to create an income maintenance program. It was designed to achieve a humanitarian purpose, to benefit the injured worker in PA. Sometimes, the amount or frequency of workers’ comp benefits is called into…
We often see cases addressing whether a work injury in Pennsylvania was suffered while the injured worker was in the “scope and course” of his or her job. Usually, this situation falls into one of two categories – either whether it is part of the commute to or from work,…