Back in 2017, we shared the exciting news (hey, we attorneys have a unique sense of excitement!) that the entire Impairment Rating Evaluation (IRE) section of the Pennsylvania Workers’ Compensation Act (Act) was declared unconstitutional by the Supreme Court of PA (The Protz case) and stricken from the Act. This,…
We have previously discussed on this blog the difficulties in differentiating shoulder injuries to injured workers, noting that according to medical literature, several conditions can account for similar symptoms in a similar area. Some recent articles have now shed light on some difficulties in diagnosing a concussion versus a whiplash…
As we noted in our June 2020 update, the Pennsylvania Bureau of Workers’ Compensation began to (technically) allow limited in-person hearings, in counties which have been declared to be in the “Green” phase by Governor Wolf. This announcement was made on June 12, 2020, to take effect June 19, 2020. …
As more counties across Pennsylvania reach the “Green” phase in the COVID-19 recovery process, attorneys involved in the PA workers’ compensation process were curious to know how this will impact the operations of the Bureau of Workers’ Compensation. Yesterday, we were advised by the Bureau that, “(t)he designation of counties…
Once an injured worker in Pennsylvania establishes an entitlement to workers’ compensation benefits (when out of work, the benefits are known as “temporary total disability benefits” or TTD), the workers’ comp insurance carrier cannot just stop paying the benefits at its discretion. This is one of the advantages of the…
Yesterday, our attorneys participated in a webinar dealing with the continuing impact the Novel Coronavirus (COVID-19) is having on the Pennsylvania workers’ compensation system. We have already participated in hearings using Skype for Business, and understand some Workers’ Compensation Judges (WCJs) are experimenting with the WebX platform. Zoom had been…
This blog does not address Coronavirus (COVID-19) and how it relates to PA workers’ compensation. Which is good, because I think we are all tired of seeing the words “Coronavirus” or “COVID-19.” Instead, we are looking at a recent decision from the Commonwealth Court of Pennsylvania, wherein the Court looked…
Today, our attorneys participated in a conference call (so as to maintain social distancing) with workers’ compensation attorneys across the State of Pennsylvania, as well as lobbyists, regarding the status of the workers’ comp system in PA as we all deal with the Coronavirus (COVID-19). We discussed pending legislation in…
With all of the attention justifiably focused on the fear and severity of the COVID-19 pandemic, it might be nice for us to change gears, and have a blog post that does not mention COVID-19 (well, doesn’t mention it again!). The attorneys at Brilliant & Neiman LLC have always been…
As we have previously discussed, within the Pennsylvania Workers’ Compensation Act, there lies a trap for unwary injured workers. Actually, there are many traps in the Act, but for today, we’ll just deal with this one. When a workers’ comp insurance carrier thinks (and this is a critical word) that…