When we settled a workers’ comp case in Pennsylvania (usually done by what is called a “Compromise & Release Agreement”), there was often a question from our client about whether he or she could then file for unemployment compensation benefits. Usually, as part of a workers’ compensation settlement, the employer/insurance…
Pennsylvania Workers' Compensation Lawyer Blog
Bucks County Office Moving for Brilliant & Neiman LLC
As we previously mentioned, we are moving our Trevose office from Three Neshaminy Interplex, Suite 301, to Five Neshaminy Interplex, Suite 205. Our telephone number will remain the same, (215) 638-7500. We will continue to serve injured workers in the entire Southeastern Pennsylvania area, through both this lower Bucks County…
PA Workers’ Comp Evidence to be Read as a Whole
When a work injury in Pennsylvania is not obvious, the injured worker must present expert medical testimony to explain how the work duties caused the work injury. This gets even more complicated when the condition at issue is caused by a combination of the work duties and pre-existing pathology, such…
Workers’ Compensation Specialty Coming to Pennsylvania
As attorneys who limit their practice to representing the injured worker in PA workers’ comp cases, we are thrilled by the recent announcement that the Supreme Court of Pennsylvania has approved the process of creating a “certified workers’ compensation attorney” in Pennsylvania (or, in other words, a workers’ compensation specialist).…
Chronic Pre-Existing Condition Compensable Under PA Workers’ Comp Where Condition Worsened by Working Conditions
It is well-settled law in PA that an aggravation of a pre-existing condition is compensable under the Pennsylvania Workers’ Compensation Act. However, depending on the condition at issue, the work injury may be seen to end when the worker returns to his or her baseline condition (or, in other words,…
PA Workers’ Comp Claim Dismissed “With Prejudice” Cannot be Refiled
Under the Pennsylvania Workers’ Compensation Act, and throughout legal process generally, once a matter has been decided, the parties cannot try the matter again. This is called the concept of Res Judicata. Often, for any of a number of reasons, an attorney representing an injured worker asks a Workers’ Compensation…
Fatal Claim in PA Compensable Even if Treatment Not Reasonable or Necessary
One aspect of the Pennsylvania Workers’ Compensation system we (thankfully) do not often address is what is known as a “fatal claim,” where the employee is killed in the work accident. This can, of course, occur in the injury itself, or it can occur as a consequence of the original…
Brilliant & Neiman’s Dina Brilliant Named Co-Chair of Bucks County Bar Association’s Workers’ Compensation Section
We at Brilliant & Neiman LLC are proud to announce that Dina Brilliant, a partner at our firm, has been elected Co-Chair of the Bucks County Bar Association’s Workers’ Compensation Section. Ms. Brilliant will be taking the reins from the previous Co-Chair of the Section, Glenn Neiman, also a partner…
Surveillance Evidence Alone May Stop PA Workers’ Comp Benefits
We have previously tackled the issue of reinstating benefits under the PA Workers’ Compensation Act. Then, though, we were focusing on how an injured worker can get his or her benefits reinstated. A recent case from the Commonwealth Court of Pennsylvania addresses an even stickier issue – whether the injured…
Brilliant & Neiman Changing Phone Number from (215) 244-8101 to (215) 638-7500
As we get ready to move our Trevose office to another building in the Neshaminy Interplex, we at Brilliant & Neiman LLC are changing our telephone number at this office from (215) 244-8101 to (215) 638-7500. For those unfamiliar with the Trevose area, Neshaminy Interplex is located on Route One/Roosevelt…