We have dealt before with the Notice of Ability to Return to Work, and when such a document needs to be issued. The general rule is that the document must be issued by the PA workers’ compensation insurance carrier before the benefits can be modified or suspended. As with any…
Pennsylvania Workers' Compensation Lawyer Blog
Injured Workers in PA Have 60 Days to Challenge IRE or Potentially be Forever Barred
Sometimes, we will meet with an injured worker who is already receiving PA workers’ compensation benefits. The injured worker may ask, “Why do I need to have an attorney if I am already receiving benefits?” The answer is that the rights of the injured worker in Pennsylvania can be impacted…
PA Workers’ Comp Judge Erred in Dismissing Where No Prejudice Shown
Workers’ Compensation Judges (WCJs) in Pennsylvania have great latitude and authority vested in them to perform their jobs. They are the ultimate finders of fact, and determiners of credibility. In running their courtrooms, WCJs may extend or shorten deadlines for the submission of evidence, depending on the circumstances. However, the…
Payment for Medical Expenses Denied Because Records Not Given for Utilization Review
One thing common to every work injury in Pennsylvania is that the injured worker needs medical treatment. The importance of being able to get this treatment, and having it paid for by the workers’ comp insurance carrier, is obviously on the mind of any injured worker. This explains why Utilization…
Brilliant & Neiman LLC Again Selected as a Top Blog
When we were selected last year by LexisNexis as one of the Top 25 Blogs for Workers’ Compensation and Workplace Issues for 2012, it was our fourth such honor in the past five years. We wanted to make sure that we continued to keep our blog at this high level,…
Employee Verification Forms Must be Fully Completed to Avoid Suspension of Benefits
When an injured worker in PA is receiving, or attempting to receive, workers’ compensation wage loss benefits, the insurance carrier can send “verification forms” every six months. These forms require the injured worker to certify whether he or she is working, along with a few other questions. If the injured…
PA Senate Essentially Trying to Kill Guaranty Fund; Harm Injured Workers
One of the few recent laws passed in Pennsylvania which helped injured workers was the creation of the Uninsured Employers Guaranty Fund (UEGF). This fund was designed to be used in cases where the injured worker was employed by someone who (in direct violation of PA law) failed to carry…
Jobs Listed in Labor Market Survey Must be “Available” to Injured Worker in PA
Back in 2010, we discussed the case of Phoenixville Hospital v. Workers’ Compensation Appeal Board (Shoap). In this decision, the Commonwealth Court of Pennsylvania found that jobs listed in a Labor Market Survey (LMS) did not have to actually be available, since they were merely examples of jobs existing in…
PA Workers’ Comp Insurer Can Use Labor Market Survey Without Proving No Job Available at Employer
In 1996, the Pennsylvania Workers’ Compensation Act was amended, in a piece of legislation known as Act 57. In many ways, the law became much less friendly for the injured worker in PA. One of the changes was the creation of the “Labor Market Survey (LMS),” also known as an…
PA High Court Says Armed Robbery in PA Liquor Stores Just Part of Normal Work Day
As we have noted on several occasions, our firm represents a clerk who worked at a PA Liquor Store, operated by the Pennsylvania Liquor Control Board (PLCB). The store, which had no guard on duty (whether armed or not), was robbed and a handgun was pointed at our client’s head.…