We often have issues regarding whether a particular medical expense is payable by the workers’ compensation insurance carrier. The issue could be whether it is a “medical” treatment at all, whether it is related to the work injury, or whether it is “reasonable or necessary.” A recent case from the…
We are often asked why an injured worker in Pennsylvania needs an attorney. “They know I got hurt on the job,” the injured worker might say, “Why would I need a lawyer?” Well, the Commonwealth Court of Pennsylvania recently issued a decision that demonstrates why every injured worker in PA…
There are two situations when an employee hurt at work in Pennsylvania is entitled to workers’ compensation benefits. The first, which encompasses the vast majority of cases, is when the employee is “actually engaged in the furtherance of the [employer’s] business or affairs . . . .” This is true…
When an injured worker in Pennsylvania hurts his or her spine, there are many diagnostic tests that a doctor may prescribe. Sometimes, the doctors do not fully explain what a test is, or what it may show. We believe that an injured worker should be fully informed, whether as to…
You are hurt at work. What do you do now? Keep in mind that not every injury is a sudden event, like injuring your low back picking up a box or falling down steps at work. Some injuries are harder to determine and understand, even for the person who is…
Since the 1996 changes to the Pennsylvania Workers’ Compensation Act (“Act”) took place, workers’ comp insurance carriers have had the ability to use Labor Market Surveys [LMS] (also known as Earning Power Assessments [EPA]) to reduce or stop the payment of workers’ compensation benefits. We have previously addressed the “prerequisite”…
Under the Pennsylvania Workers’ Compensation Act, an injured worker has 120 days to provide notice of a work injury to his or her employer. If notice is not given within this time, a Claim Petition may be barred. The time period for giving notice can be extended where the work…
When a person is injured at work in Pennsylvania, and the injury is not accepted by the workers’ compensation insurance carrier, the injured worker must file a Claim Petition to seek benefits. Once the Claim Petition is filed, the insurance carrier has 20 days to file an Answer, responding to…
To prevail in a PA workers’ compensation case, typically the successful party presents the testimony of a medical expert, whose opinion is accepted by a Workers’ Compensation Judge (WCJ). This expert opinion must be “to a reasonable degree of medical certainty.” What is encompassed by those words is a bit…
There are several types of benefits which can be received by an injured worker in Pennsylvania. A comprehensive review of these benefits can be seen here on our website. One of those benefits is called “specific loss,” which contains things like loss of use of a body part and disfigurement…