Articles Posted in Firm News

When we attended the Annual Workers’ Compensation Conference in Harrisburg, presented by the Pennsylvania Bureau of Workers’ Compensation, more was discussed than just the status of workers’ compensation laws in PA.

Though we did certainly have sessions regarding many topical issues with the Pennsylvania Workers’ Compensation Act, including scope and course of employment, positive work rules, undocumented workers, Medicare Set-Asides, recent legal developments, along with other various medical and legal issues, time was also taken to share the importance of Kids’ Chance, a charity “dedicated to helping our kids who need it most – those who need assistance for college or vocational education because a parent was killed or injured in a work-related accident.”

We would urge injured workers, and families of injured workers, to avail themselves of this valuable resource.

Through the efforts of concerned citizens, and attorney groups united to support injured people, such as the Pennsylvania Association for Justice, there has been no legislation really harmful to the injured workers in Pennsylvania passed since 1996. Unfortunately, it appears there is now a new threat on the horizon, and we call on every injured person, and anyone who cares about the injured worker in PA, to make their concerns known to their State Representatives and State Senators.

The Pennsylvania Chamber of Commerce has a new “wish list” for the reform of the workers’ compensation system in PA. The changes desired by the Chamber primarily impact the medical providers, rather than the injured workers directly. Obviously, however, this will impact the injured worker by narrowing the treatment options open to injured workers in Pennsylvania, and generally add another layer of difficulty to what is already a minefield for those unfamiliar with the process.

One of the primary changes that the PA Chamber of Commerce would have made is to increase the time an injured worker in PA is required to treat with a company “doctor” from 90 days to 180 days. Any injured worker who has experienced substandard medical care in those first 90 days, or the difficulties of having a medical provider more concerned with a return to work than a cure, understands the significance of this expansion. No mention was made by the Chamber of the developing practice we are seeing where the injured worker is stuck with a nurse practitioner for that captive period, effectively denying the injured worker from even being evaluated by a medical doctor.

As attorneys who represent folks who have been hurt at work in Pennsylvania, we get many questions beyond legal ones dealing with PA workers’ comp issues. The average injured worker has led a fairly healthy life, and this change is sudden and understandably scary. Many injured workers have medical questions, not only about their conditions, but how their conditions may relate to workers’ compensation issues.

Seeing this need in the community, we have created a new page on our website, Medical FAQ. We hope this new page will provide some helpful answers to questions held by injured workers throughout Central and Southeastern Pennsylvania.

Of course, every injured worker is free to contact us, to get answers to questions regarding any aspect of their workers’ compensation issues. We take pride in limiting our entire practice to helping injured workers with their workers’ comp cases.

As we previously mentioned, we are moving our Trevose office from Three Neshaminy Interplex, Suite 301, to Five Neshaminy Interplex, Suite 205. Our telephone number will remain the same, (215) 638-7500. We will continue to serve injured workers in the entire Southeastern Pennsylvania area, through both this lower Bucks County office, as well as our Allentown office, and assorted meeting locations throughout the region.

As attorneys who limit their practice to representing the injured worker in PA workers’ comp cases, we are thrilled by the recent announcement that the Supreme Court of Pennsylvania has approved the process of creating a “certified workers’ compensation attorney” in Pennsylvania (or, in other words, a workers’ compensation specialist).

We have seen the damage done to cases when an injured worker trusts a general practitioner to handle a Pennsylvania workers’ comp case. The Pennsylvania Workers’ Compensation Act is a complicated piece of legislation. As loyal readers of our blog know, this is a frequent topic of cases decided by the appellate courts in PA. Trusting a workers’ compensation case to an attorney not experienced in that area of law is akin to having an orthopedist handle your coronary artery bypass surgery. Just not a good idea.

A work-related injury can cause tremendous disruption, and loss, to both the injured worker and his and her family; we are thrilled that in the near future, that injured worker can have the confidence that he or she is selecting a “certified workers’ compensation attorney.” We, of course, look forward to becoming “certified workers’ compensation attorneys” as soon as the process for the testing and certification is completed.

We at Brilliant & Neiman LLC are proud to announce that Dina Brilliant, a partner at our firm, has been elected Co-Chair of the Bucks County Bar Association’s Workers’ Compensation Section. Ms. Brilliant will be taking the reins from the previous Co-Chair of the Section, Glenn Neiman, also a partner at Brilliant & Neiman LLC. As is customary for the Section, the other Co-Chair comes from the defense/insurance carrier side. Elected to this position was Diane Ingbritsen, an associate at the defense firm of Hill Wallack LLP. Each of these Co-Chairs will serve a two-year term.

The Workers’ Compensation Section meets throughout the year to discuss developments in the field of PA workers’ compensation, and to provide a connection between the attorneys practicing in the area of workers’ comp and the Workers’ Compensation Judges, who hear such cases. The Section also periodically produces Continuing Legal Education seminars, given to both practitioners in the area of PA workers’ compensation and the entire bar of attorneys in Pennsylvania.

As we get ready to move our Trevose office to another building in the Neshaminy Interplex, we at Brilliant & Neiman LLC are changing our telephone number at this office from (215) 244-8101 to (215) 638-7500. For those unfamiliar with the Trevose area, Neshaminy Interplex is located on Route One/Roosevelt Boulevard at Old Lincoln Highway.

The Neshaminy Interplex is just South on Route One from Morrisville, Yardley, and Langhorne/Oxford Valley, in the Bensalem area. We are just South of the Philadelphia Exit off the Pennsylvania Turnpike, and just South on Route One from the I-95 Interchange. We are just North of Northeast Philadelphia (just after Roosevelt Boulevard becomes Route One). Truly a location convenient to almost all of Philadelphia, Montgomery and Bucks Counties.

Our other telephone numbers will remain the same, (610) 740-1002 for our Allentown office, and (888) WORK HELP for our toll-free line. We also continue to have meeting locations available throughout Southeastern and Central Pennsylvania, for the convenience of all of our clients.

Once again, we are honored and excited to report that our blog has been selected by LexisNexis as one of the Top 25 Blogs for Workers’ Compensation and Workplace Issues for 2011. We recognize all of the wonderful blogs out there covering not only Pennsylvania workers’ comp issues, but also blogs covering workers’ comp across the entire Country. It is for this reason that we are so humbled at again being recognized. We are especially proud, since this is our third such recognition in the past four years.

We again thank LexisNexis, and our loyal readers, for this providing us the opportunity to serve. We will make every effort over the ensuing months, and years, to show that we are worthy of this recognition.

Guiding PA workers’ compensation attorneys in how and why to expand the description of injury in a Pennsylvania workers’ comp case was the topic of the most recent seminar given by one of our partners, Glenn C. Neiman, for Lawline.com on July 22, 2011. Unlike the previous work Mr. Neiman has done for Lawline.com, this recent seminar was streamed live to attorneys across Pennsylvania (and the rest of the Country as well). In addition to discussing the nuts and bolts of changing a description of injury, Mr. Neiman also gave a brief update regarding some recent decisions from PA Courts of interest to the Pennsylvania workers’ comp lawyer community.

“The description of injury is really what drives a workers’ comp claim in Pennsylvania,” Mr. Neiman explained, when asked why this topic is important, “When we look at whether a work injury is fully recovered, or whether an injured worker can go back to work, or whether medical treatment is related to the work injury, we are always looking at the accepted work injury.”

While the seminar was performed live, it will also be added to the Lawline.com catalogue, so other attorneys across PA can learn about this important topic. “Not every firm limits its practice to Pennsylvania workers’ compensation cases like we do,” said Mr. Neiman, “so this seminar is of special benefit to those attorneys who do not handle PA workers’ comp matters on a regular basis.”

As noted in a previous blog posting, Glenn C. Neiman, a partner at Brilliant & Neiman LLC, joined the prestigious faculty of Lawline.com in 2008. It was recently announced that his next seminar for Lawline.com will be on changing the description of injury in PA workers’ compensation, a topic which has been addressed here recently. The seminar, currently scheduled for late July, will be streamed live through Lawline.com, then made available to attorneys across the State of Pennsylvania, as well as throughout the United States.

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