PA Workers Compensation Bureau Update

August 28, 2013

Workers’ Compensation Attorneys on Television

As we mentioned before, both of the partners of Brilliant & Neiman LLC, Dina Brilliant and Glenn Neiman, were invited to appear on a television show hosted by Injured Workers of Pennsylvania. This show was aired live on August 19, 2013, and broadcast throughout the Berks County region of PA. The website for Berks County Television has a copy of the show in its archives, and it can be viewed on the internet by clicking here.

We at Brilliant & Neiman LLC thank Injured Workers of Pennsylvania for giving us this opportunity to speak to the public on issues regarding workers’ compensation in Pennsylvania. The primary topic was the status of House Bill 1636, which would eliminate choice of doctor for all injured workers in Pennsylvania. One of the jobs we, as attorneys representing injured workers, have is to educate the public, so injured workers know their rights under the Pennsylvania Workers’ Compensation Act.

August 12, 2013

PA Legislature Trying to Deny Choice of Medical Treatment to all Injured Workers

by Glenn Neiman

As we mentioned previously, the Pennsylvania Legislature is planning another attack on injured workers in PA in 2013. This notion has now taken the form of House Bill 1636, which seeks to forever deny injured workers in PA the right to select their own physician.

Under the current provisions of the Pennsylvania Workers’ Compensation Act, if an employer follows the correct procedures and posts a proper list of at least six health care providers (at least three of which must be physicians), then the employer is only responsible for payment of medical treatment with the listed panel providers for the first 90 days of the injury.

If this Bill becomes law, however, an employer may list as few as a single Coordinated Care Organization (CCO) on a panel. Then, the injured worker would have to treat with this single organization, not for the first 90 days, but for the entire duration of the injury. That’s right – the legislature seeks to deny injured workers in PA from ever getting to select their own physicians.

July 26, 2013

Brilliant & Neiman LLC Working with PA Bureau of Workers’ Comp on WCAIS

by Glenn Neiman

As a leading workers’ compensation firm in Pennsylvania, Brilliant & Neiman LLC has worked with the PA Bureau of Workers’ Compensation on issues, such as the mediation process, in the past. The Bureau is now getting ready to institute the final part of its overhaul, transitioning into the online Workers’ Compensation Automation and Integration System (WCAIS). Initially, last September, the Bureau started the transition to WCAIS, by putting the Workers’ Compensation Appeal Board (WCAB) onto the system. This next, and final, step will be to bring the rest of the Bureau, and the entire adjudication process, into WCAIS.

It was no surprise, then, that the attorneys at Brilliant & Neiman LLC were again invited by the Bureau to be among a select group of attorneys and legal professionals from across the State of Pennsylvania to assist the Bureau with the final stages of this development. This partnership is beneficial to the Bureau, by having the attorneys work on the new system under the watch of the Bureau – to further tweak the process and refine its efficiency, as well as to the attorneys involved, by having an early exposure to the new system and gaining valuable experience.

The WCAIS system will streamline the workers’ compensation process in PA, centralizing the filing of petitions, the scheduling of hearings and the entire litigation of cases. Currently, the system is scheduled to go live on September 9, 2013. This new process should greatly increase the efficiency of both the Bureau, and the parties involved in litigation. We at Brilliant & Neiman LLC were excited and honored to share our time and experience with the Bureau, to help make the system better for all involved.

July 9, 2013

Workers’ Compensation Judge Mark Peleak Passes Away

by Glenn Neiman

It is with a heavy heart, and great sadness, that we relate that the Pennsylvania Workers’ Compensation community has lost a valued member. Workers’ Compensation Judge Mark Peleak passed away while bicycling on July 7, 2013. Judge Peleak presided in the Wilkes-Barre Workers’ Compensation Office, which is in the Central District. Our thoughts and prayers go out to his family and his many friends and admirers. He will be missed.

May 7, 2013

Certified as Specialists in the Practice of Workers’ Compensation Law

by Brilliant & Neiman

One of the most difficult decisions faced by an injured worker in PA is how to decide who to hire as their worker’s compensation attorney. Many sites, or publications, have a list of attorneys they tout. Maybe they are called “Super” attorneys or “Awesome” lawyers, or some other cleaver marketing name. What standards do they use? Are they objective? Is there really merit in being named? Who knows. Now, however, there is an objective, regulated selection process authorized by the Pennsylvania Supreme Court.

As we mentioned before, Pennsylvania has created a Workers’ Compensation Law Certification process. First, an attorney is screened to be certain he or she possesses the requisite experience to sit for the examination (a minimum of five years practicing in workers’ comp is required). Specific cases must be provided, including briefs and written arguments. The attorney must certify that at least half of his or her practice is devoted to PA workers’ comp matters. Only then is the attorney even allowed to sit for the examination test.

This test was given for the first time in March, 2013. The grueling four hour assessment covered every aspect of PA workers’ compensation law, thoroughly testing each applicant’s knowledge of the workers’ comp system. Both multiple choice and essay questions were involved.

May 1, 2013

Brilliant & Neiman LLC Involved in Mediation Working Group with Bureau

by Brilliant & Neiman

Mediation is a growing area in Pennsylvania workers’ comp. As we have previously discussed, a mediation is when an independent party, in this context usually a Workers’ Compensation Judge [WCJ] (other than the assigned WCJ), meets with the parties in an informal setting in an effort to resolve the differences between the parties. The ultimate goal is to achieve a settlement to the case (usually done by “Compromise & Release Agreement”).

Since we at Brilliant & Neiman LLC work with injured workers every day, having constant contact with the Pennsylvania workers’ compensation system, we are well-versed in most aspects of how the system functions from day to day. We are proud that our knowledge and experience will be used by the PA Bureau of Workers’ Compensation, as the Bureau adjusts the system to change with the times.

Since the start of “Mandatory Mediation,” added to the Pennsylvania Workers’ Compensation Act in the 1996 amendments to the Act, the system has been relatively stagnant. Recently, the Bureau has sought a small working group to evaluate the mediation system and see what, if any, changes could be beneficial to the mediation process.

April 8, 2013

PA Workers’ Comp Insurance Rates Decline Again

by Glenn Neiman

Sometimes, one thing naturally follows another. Day follows night. Spring follows Winter. The relationship between the two things makes sense. Then we enter politics, and, as usual, logic and reason seem to trail behind.

We mentioned in previous postings that both the Pennsylvania insurance industry, and the Chamber of Commerce, has been heavily lobbying PA representatives and senators for reform to the Pennsylvania workers’ compensation system. Specific proposals and issues have been raised. One could reasonably draw from this angst that PA workers’ compensation insurance rates were steadily rising out of control. Indeed, one would imagine, given the effects of inflation, that the rates must be significantly increasing beyond normal inflationary levels.

It is most curious, then, that the Insurance Commissioner in Pennsylvania, Mike Consedine, recently proclaimed that workers’ comp insurance rates would actually DECREASE 4.01 percent as of April 1, 2013. For those imagining that this decrease must have followed some enormous increase, Commissioner Consedine noted that this “is the second workers’ compensation decrease in a row.”

January 29, 2013

PA Workers’ Compensation Judge David Slom Retires

by Glenn Neiman

Last month, we mentioned that the Northeast Philadelphia Workers’ Compensation Hearing Office was now closed, forcing all residents of Philadelphia to have their cases heard in Center City Philadelphia. This change forced the Workers’ Compensation Judges (WCJs) at this location, and their staffs, to relocate as well. Though we cannot say they was any connection to the move, we have now learned that WCJ David Slom, who heard cases in the Northeast Philadelphia site, announced his retirement and has left the bench.

We have been aware of WCJ Slom since his days working for the State Workers’ Insurance Fund (SWIF), prior to becoming a Judge. Whether this dates him, or us, more is a matter of conjecture. On many occasions, over the ensuing years, we have been before Judge Slom. His meticulousness and diligence will be missed. We wish him a happy, healthy and peaceful retirement.

Even prior to the relocation of the Northeast Philadelphia Workers’ Compensation Hearing Office there has been some recent attrition to the field of WCJs stationed there. Before WCJ Slom retired, WCJ Ida Louise Harris and WCJ Michael Snyder stepped down. These two openings had been filled, unofficially, by WCJ Holly San Angelo and WCJ Marc Harrison.

January 9, 2013

Workers’ Compensation Judge Nathan Cohen Retires

by Glenn Neiman

Though we handle PA workers’ comp cases primarily in Southeastern and Central Pennsylvania, we still like to keep a watch on the entire PA workers’ compensation system. It was in this regard that we learned Workers’ Compensation Judge Nathan Cohen, who presided in Pittsburgh, retired from the bench yesterday.

We wish Judge Cohen a happy and healthy retirement, and congratulate him on his long and successful career on the bench.

December 28, 2012

Northeast Philadelphia Workers Comp Hearing Office Closing Today

by Glenn Neiman

A few months ago, we learned that the Northeast Philadelphia Workers’ Compensation Hearing Office would be closing shortly. We were advised that all hearings for Philadelphia would then be held at the Center City Philadelphia Workers’ Compensation Hearing Office located at 110 North 8th Street.

Today, I had a hearing in Northeast Philadelphia and learned that today was the last day of hearings for this office. When hearings resume, after the New Years holiday, this office will be closed.

We are saddened with this development, as we know folks who live in Northeast Philadelphia have no great desire to venture into Center City Philadelphia unless it is absolutely necessary. As you are crawling along on I-95, journeying to your hearing, know that we are stuck in the same traffic, feeling your pain!