It still amazes me when I see an injured worker represented by a general practice attorney. As you folks can see from the frequent postings on our blog, the law in Pennsylvania workers’ comp frequently changes. Lawyers who do not handle PA workers’ compensation cases on a regular basis can…
Pennsylvania Workers' Compensation Lawyer Blog
“Independent Contractors” Often Are Actually “Employees” in PA Workers’ Comp
A recent post on Workers’ Comp Insider, a blog devoted to workers’ compensation cost control, explores the problems being faced by FedEx and its workers. FedEx has managed to avoid having its workers join a union, by classifying them instead as “independent contractors” rather than “employees.” The blog entry points…
Knee Injuries May Have New Treatment in Future
Recently, two pharmaceutical companies, Genzyme Corporation and Osiris Therapeutics, announced that they have joined to develop two adult stem cell treatments. These medications, known as Prochymal and Chondrogen, may be a valuable resource to treat a wide variety of conditions. Benefits from these treatments may include control of inflammation, development…
Glenn Neiman in discussion with lawline.com to join faculty
We are excited to report that Glenn C. Neiman, one of the partners at Brilliant & Neiman LLC, was approached by Lawline.com, a division of LAWLINE, with an invitation to join their esteemed faculty. LAWLINE is the longest running legal TV show in New York City. Lawline.com is a leading…
New Workers’ Comp Office in Philadelphia Opens on Schedule
As we have mentioned in previous posts, the Philadelphia Workers’ Compensation Hearing Office has been in the process of moving. We are pleased to now report that the new hearing office has opened on schedule. Hearings on workers’ compensation cases will no longer be held at the State Office Building,…
Injured Worker in PA Barred From Coverage for Additional Work Injuries
Generally speaking, an injured worker in PA can ask a Workers’ Compensation Judge (WCJ) to review an accepted description of a work injury “at any time” (within the statute of limitations, of course) to amend those conditions for which the workers’ compensation insurance carrier should be responsible. In other words,…
Psychological Injuries Require “Abnormal Working Conditions” in PA Workers’ Comp
Under the Pennsylvania Workers’ Compensation Act, physical injuries, like carpal tunnel syndrome, low back strain or a fractured arm, are treated differently than emotional/psychological injuries, like post-traumatic stress disorder (PTSD), depression or anxiety. To obtain workers’ comp benefits in PA for emotional/psychological injuries, the injury must result from an “abnormal…
PA Workers’ Compensation – Where “Yes” Can Mean “No”
Though the case of Armstrong v. Workers’ Compensation Appeal Board was decided by the Commonwealth Court of Pennsylvania over a year ago, on August 27, 2007, this decision continues to both amaze and irritate those of us who limit our practice to representing the injured worker in PA workers’ comp…
Notice of a Work Injury in PA May be Given Even After 120 Days
Under the Pennsylvania Workers’ Compensation Act, an injured worker must give notice of his or her injury within 120 days of the injury. If this notice is not given within 120 days, a claim petition for workers’ comp benefits is barred. When an injury is not known to be related…
Another Case Shows Unreasonable Contest Attorney Fees in PA a Rare Occurrence
As we explained in a recent blog entry, under the Pennsylvania Workers Compensation Act, Section 440(a) to be exact, reasonable attorney fees are to be paid by the PA workers’ compensation insurance carrier, unless the workers’ comp insurance carrier proves it had a reasonable basis to contest the claim. By…