As we discussed in a previous blog entry, the Supreme Court of Pennsylvania accepted review of the Cinram Manufacturing v. Workers’ Compensation Appeal Board (Hill) case. This case dealt with how one can change or amend a Notice of Compensation Payable (NCP) under the PA Workers’ Compensation Act. Yesterday, the…
Complex Regional Pain Syndrome (CRPS), also known as Reflex Sympathetic Dystrophy (RSD), is a debilitating condition we see in Pennsylvania workers’ compensation all too often. This condition, whose sufferers experience tremendous, unrelenting, burning pain, has been known to develop from traumatic injury. Even when a work-related traumatic injury is not…
Since we limit our practice to representing injured workers’ in PA workers’ compensation cases, we see frequent situations when an injured worker is treated poorly by the workers’ comp insurance carrier. Sometimes, though, the situation seems way beyond common sense and logic. I am currently litigating one of those cases,…
Ordinarily, to suspend (or even modify) workers’ compensation benefits to an injured worker in PA, the workers’ compensation insurance carrier must show a change of medical condition and prove work is available within the injured worker’s physical capabilities [Benefits can be suspended for other reasons, but this is the most…
To obtain workers’ compensation benefits in PA, the worker must be injured while in the scope and course of his or her employment. Fortunately, PA law does not require that a worker be chained to his or her desk, or work area, the entire day. Pennsylvania law recognizes that “small…
**Update – Decision of the Commonwealth Court of PA REVERSED by Supreme Court of Pennsylvania on July 20, 2011 – See blog entry of August 2, 2011** When a worker gets hurt at work in PA, the Pennsylvania Workers’ Compensation Act requires that the employer be notified of the injury…
In PA, when a workers’ compensation insurance carrier wants to challenge whether medical treatment is reasonable or necessary, the insurance carrier can request Utilization Review (UR). In such a case, the PA Bureau of Workers’ Compensation assigns the UR Request to a Utilization Review Organization (URO). The URO then obtains…
When a work injury is denied by the workers’ compensation insurance carrier in PA, the injured worker must file a Claim Petition with the Pennsylvania Bureau of Workers’ Compensation. The Claim Petition is then litigated before a Workers’ Compensation Judge (WCJ). To win a Claim Petition, usually the injured worker…
As noted in a previous blog entry, Glenn Neiman, a partner at Brilliant & Neiman LLC, was invited to join the prestigious faculty of Lawline.com. Being a nationally recognized leader in continuing legal education programs, Lawline.com’s faculty includes some of the most well-known attorneys in the Country. On May 14,…
Typically, under the Pennsylvania Workers’ Compensation Act, the benefits of an injured worker are reduced based on any earnings the injured worker has after his or her injury. Specifically, the injured worker receives two-thirds of the difference between the pre-injury earnings and the post-injury earnings (up to a statutory maximum).…