Generally speaking, when an employee in Pennsylvania is injured while performing the duties of his or her job, the employee is entitled to PA workers’ compensation benefits. One of the exceptions to this rule, however, is when “the injury or death would not have occurred but for the employe’s intoxication.”…
As we mentioned in a previous blog entry, we are excited to sponsor a seminar on Pennsylvania Workers’ Compensation, which is free to injured workers. More information can be seen in our ads in many area newspapers, or you can view the ad on www.phillyburbs.com by clicking here. We think…
Representing injured workers in Pennsylvania workers’ compensation cases, we realize how scary and unfamiliar the PA workers’ comp system can be, especially to an injured worker who does not have an attorney representing them. As we try to do from time to time, we are sponsoring a free PA workers’…
In representing injured workers in Pennsylvania, we frequently see hearing loss cases. Many work environments require employees in those areas to be exposed to dangerously high levels of noise. Over a period of time, this can lead to a loss in hearing. Tinnitus, perceived usually as a “ringing” in the…
There is a process in PA when a workers’ comp insurance carrier wants to modify or suspend the workers’ compensation benefits of an injured worker. First, there must be evidence of a change in condition. Then, the insurance carrier must serve a form called Notice of Ability to Return to…
Generally speaking, a Workers’ Compensation Judge (WCJ) is the sole determiner of credibility in PA workers’ comp matters. Testimony of any witness can be accepted, in whole or in part. Determinations of credibility by a WCJ cannot generally be overturned on appeal. This issue was addressed by the Commonwealth Court…
Under Section 406.1 of the Pennsylvania Workers’ Compensation Act, an employer/insurance carrier has 21 days to investigate a workers’ compensation claim and issue appropriate documentation, either accepting (by Notice of Compensation Payable (NCP) or Agreement for Compensation) or denying (Notice of Denial (NCD)) the claim. If the employer/insurance carrier is…
When a PA workers’ compensation insurance carrier wants to “terminate” the workers’ comp benefits of an injured worker, the insurance company must prove that the injured worker has fully recovered from his or her work injury. What constitutes the “work injury” is usually what is described on the Notice of…
In PA Workers’ Compensation, when the workers’ comp insurance carrier feels the treatment rendered to an injured worker is no longer “reasonable” or “necessary,” the relief is for the insurance company to file for Utilization Review (UR). When a UR is requested, the PA Bureau of Workers’ Compensation randomly assigns…
Generally speaking, employees in Pennsylvania are not entitled to workers’ compensation benefits when the employee is injured commuting to work (known as the “Coming and Going” rule). There are four notable exceptions to this rule. They are that the injured worker: (1) has an employment agreement which includes commuting to…