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…
Pennsylvania Workers' Compensation Lawyer Blog
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…
PA Workers’ Comp Claim Denied for Violation of Positive Work Order
Generally speaking, the PA workers’ compensation system is a “no fault” system. It usually doesn’t matter why an employee gets hurt, as long as he or she was doing his or her job at the time. As with most rules, of course, there are exceptions. One exception to this rule…
Workers’ Comp Insurer in PA Cannot Prove Immigration Status by Injured Worker’s Refusal to Answer
How the Pennsylvania workers’ compensation system handles undocumented workers is a frequently misunderstood topic, which we have previous addressed. We mentioned that undocumented workers are entitled to workers’ compensation benefits as a general rule, thanks to the Pennsylvania Supreme Court’s decision in Reinforced Earth Co. v. Workers’ Compensation Appeal Board…
Workers’ Comp Judge in PA Can Award Penalties When Outstanding Medical Bills are Primary Evidence
When a workers’ compensation insurance carrier in Pennsylvania does not agree with the medical treatment being received by an injured worker, there are steps the carrier can take. The most common is “Utilization Review,” which challenges the reasonableness and necessity of medical treatment. The carrier can also file a Petition…
Taking Pension, Not Looking for Work, Leads to “Retirement” in PA Workers’ Comp
Once again, we are reporting on the Pennsylvania Court System addressing the issue of retirement, and voluntary withdrawal from the labor market, in the context of a PA workers’ compensation case. In Department of Public Welfare/Norristown State Hospital v.Workers’ Compensation Appeal Board (Roberts), the Commonwealth Court of Pennsylvania reversed the…
Pennsylvania Workers Compensation Lawyer Blog Again Selected as Top 25 in Country
Once again, we are honored and excited to report that our blog has been selected by LexisNexis as one of the Top 25 Blogs for Workers’ Compensation and Workplace Issues for 2011. We recognize all of the wonderful blogs out there covering not only Pennsylvania workers’ comp issues, but also…
Unemployment Compensation Benefits Not Includable in Average Weekly Wage for PA Workers’ Compensation
The calculation of the Average Weekly Wage (AWW) under the Pennsylvania Workers’ Compensation Act has been explained previously on this blog. Generally, assuming the injured worker had been working for his or her employer for more than a year before the work injury, the AWW is calculated by taking the…
Election of Commonwealth Court of Pennsylvania Judges
Over the years, we have had blog entries on many different topics of interest to the injured worker in PA. One theme we have never dealt with, however, is the emotionally-charged area of politics. While we generally try to avoid politics, we would be remiss if we did not comment…