Often in a PA workers’ compensation case, the burden of proof is a critical issue. For example, the burden of proof faced by an injured worker in litigation of a Claim Petition is very different from that in a Reinstatement Petition. Unfortunately, however, there are times when an injured worker…
It is with mixed emotion that we received word of the retirement of Workers’ Compensation Judge (WCJ) Carl Lorine. Judge Lorine was a member of the judiciary in the Upper Darby Workers’ Compensation Hearing Office, which is located in the Southeastern District. Prior to becoming a WCJ, Judge Lorine served…
When an injured worker in Pennsylvania discovers that it may take a year or more to get a decision in his or her PA workers’ compensation case, the client is often, understandably, distraught. We often explain that our job is to maximize the chances that the case is litigated properly,…
We have previously discussed the Pennsylvania Uninsured Employers Guaranty Fund (UEGF) and how that fund fills in when an employee is injured while working for an employer who failed to carry PA workers’ compensation insurance coverage. The UEGF is certainly an improvement over the way things used to be (when…
We have previously discussed the concept of an Impairment Rating Evaluation (IRE) in Pennsylvania Workers’ Compensation. By now, our readers know that the IRE is a tool the workers’ comp insurance carrier can use to limit benefits in most cases to a maximum of around 11 and a half years.…
A common theme we see with work injuries in Pennsylvania, whether with a complex regional pain syndrome, failed back surgery, brachial plexopathy, knee, hip or shoulder replacement, or other permanent conditions, is an injured worker dealing with chronic pain. As a result, we always keep an eye out for new…
You may have noticed that we have not updated our blog as frequently in the past month or so as we had been. For better or worse, there have been no cases from the Commonwealth Court of Pennsylvania or the Supreme Court of Pennsylvania dealing with PA workers’ compensation issues.…
As a practical matter, a doctor is rarely present the instant a person gets injured at work. Similarly, the way litigation is done, a doctor has to testify while the injured worker is still disabled from work. Yet, despite these limitations, doctors routinely testify that the work injury led to…
We have discussed Utilization Review in our Blog on several occasions, many times dealing with whether “palliative” treatment (that treatment which relieves pain, but does not change or cure the condition) is reasonable and necessary. This issue, and the timing within which a Utilization Review Determination must be issued, was…
On Friday, January 24, 2014, our offices will be closed for part of the day so our attorneys, and our staff, can attend a seminar regarding the usage of the new computer system recently installed for the Pennsylvania Bureau of Workers’ Compensation. Called the WCAIS system, this program went live…