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.
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!
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.
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.
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.”
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.
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.”
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.
PA Workers’ Compensation Judges (WCJs) are like other employees in many ways. Just like we see turnover in any industry among its work staff, we see WCJs leave the bench for retirement or other opportunities. Recently, we discussed two new WCJs being named to the bench by the Pennsylvania Bureau of Workers’ Compensation. Perhaps we were remiss, however, in neglecting to mention the reason for the openings on the bench, and honoring those who served the workers’ comp arena so admirably.
As we have previously discussed, workers’ comp hearings in PA are generally conducted in the county in which the injured worker resides. These workers’ compensation hearing offices are spread throughout the State of Pennsylvania. Over the past several months, four of the WCJs have left the bench. From the Northeast Philadelphia Workers’ Compensation Hearing Office, Judges Ida Louise Harris and A. Michael Snyder have stepped down. The Malvern Workers’ Compensation Hearing Office (Montgomery County) has lost Judge Seymour Nathanson. And, just recently, we were told by Judge Geoffrey Dlin, that he would be stepping down as WCJ from the Allentown Workers’ Compensation Hearing Office (Lehigh County).
We want to wish all of these former members of the PA workers’ comp judiciary the best of luck in their future endeavors. As with the entire Pennsylvania workers’ compensation community, we want to thank these wonderful individuals for their service to the Bureau.
Pennsylvania Workers' Compensation Lawyer Blog