PA Workers Compensation Bureau Update

April 8, 2013

PA Workers’ Comp Insurance Rates Decline Again

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!

October 12, 2012

PA Workers Compensation Judges on the Move Again

by Glenn Neiman

It has certainly been a busy time for Workers’ Compensation Judges (WCJs) in Pennsylvania. We just recently discussed filling the vacancy in the Allentown Workers’ Compensation Hearing Office, and now we have learned of three additional WCJs on the move.

Leaving the bench will be The Honorable Nancy Goodwin, who had been stationed in the Philadelphia Workers’ Compensation Hearing Office, and The Honorable Thomas Hines, from the Malvern (Montgomery County) Workers’ Compensation Hearing Office. We have further learned, all of this unofficially, that The Honorable Kelly Melcher will be moving from the Reading Workers’ Compensation Hearing Office to the Malvern office to replace Judge Hines. We have not heard any information regarding a replacement for Judge Goodwin.

We wish Judge Goodwin and Judge Hines well in their retirements, and we thank them for their years of dedicated service to the PA workers’ comp community. We also congratulate Judge Melcher on the move, and wish her well in Malvern.

September 27, 2012

Workers’ Compensation Judge Named for Allentown Workers’ Comp Hearing Office

by Glenn Neiman

Several months ago, we reported that four PA Workers’ Compensation Judges (WCJs) had stepped down from the bench, while only two new WCJs had been named by the Pennsylvania Bureau of Workers’ Compensation. This left a difficult void in some hearing offices, such as that in Allentown.

We are now pleased to report that a new WCJ has been named to the bench in Allentown. She is The Honorable Cathleen A. Sabatino, who most recently was practicing as a Senior Associate at the law firm of Del Collo & Mazzanti LLP in Paoli, PA. Since graduating from Villanova University School of Law, Ms. Sabatino has been active in the Workers’ Compensation section of the Philadelphia Bar Association where she has served as chair of the section’s annual charity auction. In her community, Ms. Sabatino volunteers as an adult mentor with Spring-Ford Community Theatre’s Youth Ensemble (She holds a B.A. in Theatre from DeSales University).

It is with warm thoughts that we greet The Honorable Cathleen A. Sabatino, and we wish her well in her new career as a WCJ in Allentown.

September 24, 2012

PA Bureau of Workers’ Compensation Unveiling New Electronic Process

by Glenn Neiman

For some time now, the Pennsylvania Bureau of Workers’ Compensation has been working on a new electronic system to make interacting with a Workers’ Compensation Judge (WCJ) and the Workers’ Compensation Appeal Board (WCAB) a more efficient and accessible process. The Bureau is unveiling the process, known as the Workers’ Compensation Automation and Integration System (WCAIS), in two stages.

The first stage, which went “live” on September 17, 2012, deals just with the WCAB. As the Bureau stated, with this release:

“Parties will be able to file appeals, petitions and documents online with the WCAB and to upload documents, and search, view and obtain information on the status of appeals in WCAIS.”

September 13, 2012

Northeast Philadelphia Workers’ Compensation Office Closing

by Glenn Neiman

In a surprising development, we have learned that the Pennsylvania Bureau of Workers’ Compensation will be closing the Northeast Philadelphia Workers’ Compensation Hearing Office (currently located on Grant Avenue in Northeast Philadelphia). This decision came as somewhat of a shock, since only a couple of weeks before, a high ranking source in the Bureau had mentioned that the Northeast Philadelphia office was one of the busiest hearing offices in the entire State. Indeed, that source had revealed that a plan was being discussed to divert some cases from that office to the Center City Philadelphia Hearing Office.

Instead, the Bureau has now elected to close the Northeast Philadelphia office entirely. This means that injured workers who reside in Northeast Philadelphia will have to travel to the hearing office in Center City Philadelphia (at 8th and Arch Streets, not far from the Philadelphia Convention Center).

While this decision is now known to those practicing in the PA workers’ compensation community, no announcement has been publicly made by the Bureau. We are not yet aware of the time frame for the closing of the office. As always, we will notify our loyal readers as soon as additional information is discovered.

August 13, 2012

PA Workers Comp Medical Treatment Bills and Fee Review

by Glenn Neiman

As attorneys who represent injured workers in PA, we are often told by our clients that their doctor or physical therapist is not being paid by the workers’ compensation insurance carrier. Moreover, the client is receiving bills from the provider, maybe even notices from a collection agency. This is a sticky area, since the rules are in place, but not easily enforceable.

The Pennsylvania Workers’ Compensation Act is very specific on this topic. Right in the Act, Section 306 (f.1)(7), it says:

“A provider shall not hold an employe liable for costs related to care or service rendered in connection with a compensable injury under this act. A provider shall not bill or otherwise attempt to recover from the employe the difference between the provider’s charge and the amount paid by the employer or the insurer.”

August 2, 2012

Children of Injured Workers Can Get Help

by Glenn Neiman

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.