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…
Pennsylvania Workers' Compensation Lawyer Blog
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…
Unreasonable Contest Attorney Fees in PA Workers’ Comp
Under the Pennsylvania Workers’ Compensation Act, a workers’ comp insurance carrier has 21 days to accept or deny a claim. During that period, the workers’ comp insurance carrier is to investigate the claim. This both fair and clear. The award of attorney fees under the PA Workers’ Compensation Act is…
PA Workers’ Comp Verification Forms
Claimants receiving, or attempting to receive, workers’ compensation benefits in PA are required to report receipt of various income. There are three what we call “verification forms,” which workers’ compensation insurance companies can send to these claimants. If these forms, which were approved by the Pennsylvania Bureau of Workers’ Compensation,…
Total Ankle Replacement Technology Improving
While ankle injuries are common in PA workers’ comp cases, we do not hear about total ankle replacements as much as we hear of total knee replacements or total hip replacements. Unfortunately, sometimes a work injury causes such damage to the ankle, or triggers the development of arthritis in the…