Usually, if the testimony of an injured worker, and that of the medical expert offered by the injured worker, is not found credible by the Workers’ Compensation Judge (WCJ), there is no way to win the case. This highlights just how important it is to have a “presumption” under the…
One of the important aspects to the Pennsylvania Workers’ Compensation Act (“Act”) is Section 309, which deals with the calculation of the Average Weekly Wage (AWW), controlling the amount of benefits an injured worker in PA will receive. We have discussed these calculations in previous blog posts. Additionally, the concept…
As we have mentioned in the past, unlike Social Security Disability benefits, PA workers’ comp benefits have no cost-of-living increase. However, the maximum rate of workers’ compensation benefit that an injured worker can receive does increase annually. Unfortunately, this only affects injuries taking place in the new calendar year. The…
We have discussed the Utilization Review (UR) process many times in this blog. Indeed, UR is such a big issue in the world of Pennsylvania workers’ compensation that we have a section on our website devoted to just this topic. Basically, UR is the tool used by either an injured…
How many times must an injured worker in PA hear something like, “Why are you still out of work – it was just a bruise?” What is not widely understood is that a bruise, or a contusion, can, indeed, be a serious injury with very severe consequences. Recently, we saw…
The Uninsured Employers’ Guaranty Fund (UEGF), and its role in the Pennsylvania workers’ compensation system, has been discussed previously in this Blog. While the UEGF plays under different rules than every insurance carrier that writes PA workers’ compensation insurance coverage, and the UEGF can be incredibly difficult and frustrating to…
When we litigate a Claim Petition, to obtain PA workers’ compensation benefits for one who is injured at work, we must prove that the person was hurt while in the scope and course of his or her job, and that such injury renders the person disabled. Almost always, this requires…
The vast majority of work injuries in Pennsylvania heal with conservative treatment, allowing the injured worker to return both to work, as well as to activities of normal life. However, there are certainly the more serious injuries, where more invasive medical treatment is required. Often the more invasive treatment options…
While we are very conscious of being available to our clients as much as possible, the practice of PA workers’ compensation law, and the litigation process, means we are not always in our offices. Sometimes, in addition to being at workers’ compensation hearings and depositions, our attorneys attend events or…
Left Fielder Corey Dickerson, of the Philadelphia Phillies, was just diagnosed with a broken foot. Why is that relevant to injured workers? Because it confirms that an injury is not always what it initially appears. Unlike a major league baseball player, however, an injured worker is not always given the…