Sometimes the dispute in the litigation of a Claim Petition in Pennsylvania is a medical one – whether the injury was caused by the work duties (often seen in a repetitive trauma case, like carpal tunnel syndrome, in a heart attack case, or when degenerative changes are aggravated by work).…
Pennsylvania Workers' Compensation Lawyer Blog
Fatally Injured Worker Still in Scope and Course of Job While Thwarting Robbery
Whether one was actually in the scope and course of his or her job at the time of a work injury is not an uncommon reason for litigation. This is an issue we have addressed on our blog in the past. Recently, the Commonwealth Court of Pennsylvania tackled this issue…
Court Rejects WCJ Finding that IRE Doctor Not Credible on MMI
We have previously discussed Impairment Rating Evaluations (IREs) in our blog. An IRE is a tool the PA workers’ comp insurance carrier can use to start the clock ticking on the maximum 500 weeks of partial disability available to an injured worker. While an IRE can change the status of…
Supreme Court Vacates Keene Decision, but Commonwealth Court Reaches Same Conclusion on Remand
We previously discussed the decision in Keene v. Workers’ Compensation Appeal Board (Ogden Corp.). Here, the Commonwealth Court of Pennsylvania reversed the Workers’ Compensation Appeal Board (WCAB), which had reversed the Workers’ Compensation Judge (WCJ). Essentially, the Court had found that the workers’ comp insurance carrier had failed to prove…
Work Injury in NY Found Not Subject to PA Workers’ Comp
You probably knew that almost any injury at work which takes place in PA can lead to benefits under the Pennsylvania Workers’ Compensation Act (other than those employees who work for the Federal Government, U.S. Military, or in the maritime or railroad industries). But, did you know that, under certain…
Time to File UEGF Claim in PA Not Triggered Until Injured KNEW of Insurance Status
A frequent topic of blog entries here is the Uninsured Employers Guaranty Fund (UEGF), which steps in for an employer who (in direct violation of Pennsylvania law) fails to carry PA workers’ compensation insurance. There are many hoops through which an injured worker must jump successfully to obtain benefits from…
More Movement of PA Workers’ Compensation Judges
It now is appearing to be a refreshing change in the way the Pennsylvania Bureau of Workers’ Compensation communicates changes in the staffing of the workers’ comp hearing offices across the State. Not long ago, we learned of changes among Workers’ Compensation Judges (WCJ) either through the grapevine, or from…
Scranton Workers’ Comp Office Moving
We just received word from the Pennsylvania Bureau of Workers’ Compensation that, as of May 20, 2014, the Scranton Workers’ Compensation Hearing Office will be moving from 400 Spruce Street, Suite 500 in Scranton, down the street to 321 Spruce Street, 3rd Floor, Scranton. The zip code (and the telephone…
Acetaminophen Limited by FDA to Prevent Liver Damage
For some time now, it has been known, or at least suspected, that high doses of pain-relieving agent acetaminophen can lead to serious liver damage. Acetaminophen is sold over the counter on its own (Tylenol), or as an ingredient in more powerful pain medications, such as Percocet (oxycodone and acetaminophen)…
Retroactive Recoupment of Overpayment Allowed in PA Workers’ Comp
In 1996, major changes were made to the Pennsylvania Workers’ Compensation Act. One of them was providing a credit to the workers’ compensation insurance carrier for unemployment compensation benefits, “old age” (their words, not ours!) Social Security benefits, and pension and severance benefits (to the extent funded by the employer…