Worker Comp Generally

October 19, 2010

Philadelphia Workers’ Compensation Judge Named Judge Manager for Southeastern PA

In the Summer 2010 issue of News & Notes, published by the PA Bureau of Workers’ Compensation, Workers’ Compensation Judge (WCJ) Joseph Hagan was named to be Judge Manager for the Southeastern District of Pennsylvania. Judge Hagan has been a WCJ in this district, working from the Philadelphia Workers’ Compensation Hearing Office, since 1988. The Southeastern District covers the Northeast Philadelphia, Center City Philadelphia and Upper Darby Workers’ Compensation Hearing Offices.

WCJ Karen Wertheimer remains Judge Manager for the Eastern District of PA. This includes the Allentown, Bristol, Lancaster, Malvern, Northampton and Reading Workers’ Comp Hearing Offices. Interestingly, this District also has two “informal” or “unlisted” locations – an injured worker who resides in Quakertown, Doylestown or other parts of the Central/Upper Bucks County will have hearings held in the Doylestown Courthouse, while an injured worker who lives in the eastern portion of Montgomery County will have hearings held in Dresher.

The Central District of PA, encompassing Harrisburg, Hazleton, Pottsville, Scranton, Wilkes-Barre and Williamsport, is headed by Judge Manager Susan Caravaggio, and the Western District is led by Judge Manager David Cicola.

October 6, 2010

Workers Compensation and Social Networking

by Glenn Neiman

Though workers’ compensation laws vary from State to State, there are some elements which remain fairly constant. Workers’ compensation laws are generally “no fault” statutes (no need for an injured worker to demonstrate negligence), and they generally exclude the recovery of “pain and suffering.” Workers’ compensation systems also are usually streamlined (as compared to general civil litigation) and procedures are often more relaxed than in ordinary State Court systems.

Therefore, trends, developments and concerns in workers’ compensation systems can frequently be addressed at a level relevant to every State in the Country. Recently, we were contacted by Gregory M. Duhl, Associate Professor of Law at William Mitchell College of Law in Minnesota, regarding an article he co-authored with Jaclyn Milner, an attorney in Minnesota. Since the article deals with the impact of social networking sites on workers’ compensation cases in general, it certainly appears to be of interest to injured workers in Pennsylvania, as well as every other State in the Country.

The full article can be found at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1675026 . I encourage all injured workers, and workers’ compensation attorneys, to read the article carefully. Our society is becoming more and more technologically advanced, and many injured workers, and perhaps even their attorneys, do not realize how social networking sites, such as Facebook, Twitter and Myspace, can impact a workers’ compensation case. As the article notes, both the information within social networking sites themselves, as well as the “guidance” for when and where future surveillance may be productive, these sites can be an enormous liability to a workers’ compensation case.

July 20, 2010

PA Workers’ Comp Judge Agrees Armed Robbery is “Abnormal Working Condition” in Pennsylvania; Employer Appeals

by Glenn Neiman

Some time ago, we made a brief deviation from our normal course of not blogging about own active cases, to discuss a liquor store clerk who was robbed at gunpoint. The PA Liquor Control Board (LCB) denied the claim, stating that being robbed at gunpoint was not an “abnormal working condition” for a PA LCB clerk (remember that the next time you think of stepping into a State Store in Pennsylvania – armed robbery is simply accepted as a normal course of a day by management). We filed a Claim Petition on the clerk’s behalf and litigated the case.

We are pleased to report that the Workers’ Compensation Judge (WCJ) did not buy Defendant’s argument, and did not believe that society has degraded far enough such that a clerk can expect armed robbery on his or her normal day at work. In granting our Claim Petition, the WCJ rejected the Defendant’s attempt to expand the Commonwealth Court of Pennsylvania’s disastrous decision in of McLaurin v. Workers’ Compensation Appeal Board (SEPTA), wherein the Court, in its infinite wisdom, found that a SEPTA driver’s normal workday includes being assaulted by a gun-wielding teen (sending the message, as we understand it, that anyone foolish enough to step on a SEPTA vehicle can expect to face such consequences).

Undaunted, however, the PA LCB has filed an appeal with the Pennsylvania Workers’ Compensation Appeal Board (WCAB). It appears the PA LCB’s argument is that the WCJ was incorrect and Pennsylvania liquor stores are just as deadly as SEPTA vehicles (how very proud they must feel while making these arguments). We find it amazing, not to mention disheartening, that our own governmental agencies would be stooping to such disgraceful antics to deny a case. Rather than address what they clearly view as a “normal working condition,” perhaps by improving security methods, the PA LCB instead is trying to use its stubborn ignorance and incompetence as a basis to deny an injury to one of its own employees. How can one put any word other than “disgraceful” on that?

May 19, 2010

New PA Workers’ Compensation Judges Announced

by Glenn Neiman

As discussed in a previous blog entry, PA workers’ compensation proceedings are usually held in the County in which the injured worker resides. Counties are then grouped by “Districts.” In the State of PA, there are four Districts: Eastern, Southeastern, Central and Western.

Hearings for the Eastern District are located in Allentown, Bristol, Lancaster, Malvern and Reading (also, though not officially listed on the Bureau of Workers’ Compensation official website, some hearings take place in Doylestown and Dresher). The Southeastern District sees hearings in Northeast Philadelphia and Center City Philadelphia, in addition to Upper Darby. Harrisburg, Hazleton, Pottsville, Scranton, Wilkes-Barre and Williamsport comprise the Central District. Throughout the State of Pennsylvania, there are now a total of 95 Workers’ Compensation Judges (WCJ).

This number includes four new WCJs who have just been introduced by the Bureau of Workers’ Compensation. In the Philadelphia Workers’ Compensation Hearing Office (Southeastern District), Timothy Bulman and Sandra Craig have been added. Robert O’Donnell has joined the Lancaster Workers’ Compensation Hearing Office (Eastern District). The Western District, Johnstown Workers’ Compensation Hearing Office, has added Steven Minnich.

May 4, 2010

PA Workers’ Comp Seminar – May 10, 2010

by Glenn Neiman

As we mentioned in a previous blog entry, we are excited to sponsor a seminar on Pennsylvania Workers’ Compensation, which is free to injured workers. More information can be seen in our ads in many area newspapers, or you can view the ad on www.phillyburbs.com by clicking here. We think this opportunity to learn about work injuries, from two experienced PA workers’ compensation attorneys, an occupational medicine physician and two representatives of a physical therapy facility, is a valuable experience which should be taken by every injured worker. We look forward to seeing all of you in our offices for the seminar on May 10, 2010 at 6:00. Just call us at (215) 244-8101 to reserve your spot.

April 27, 2010

Workers’ Compensation Seminar – May 10, 2010 – Free to Injured Workers in PA

by Glenn Neiman

Representing injured workers in Pennsylvania workers’ compensation cases, we realize how scary and unfamiliar the PA workers’ comp system can be, especially to an injured worker who does not have an attorney representing them. As we try to do from time to time, we are sponsoring a free PA workers’ compensation seminar on Monday, May 10, 2010, at 6:00 p.m. at our Trevose office (Three Neshaminy Interplex, Suite 301)[Just North of Northeast Philadelphia, just off the Roosevelt Boulevard/Route One, I-95 and the Pennsylvania Turnpike].

We are excited to have Dr. Joel Kravitz, who is Board Certified in Occupational Medicine and Family Medicine, as well as Dr. Gene Nelson, Clinical Care Coordinator at Progress Physical Therapy Centers, and Bill Leitzel, MS Physical Therapist at Progress Physical Therapy Centers joining us for this seminar. In addition to speaking, all of the panelists will be available to answer the many questions you may have.

We encourage all injured workers to take advantage of this unique opportunity to have both your medical and legal questions answered. This is a rare opportunity, and seating is limited, so we ask that you call our offices at (215) 244-8101 to reserve your spot. If you are unable to attend this free seminar, but would like to schedule a personal appointment with us, also feel free to call us to schedule.

November 5, 2009

PA Workers‘ Compensation Appeal Board Reduced

by Glenn Neiman

When an aggrieved party wants to appeal a decision of a Workers’ Compensation Judge in PA, the first step is to the Pennsylvania Workers’ Compensation Appeal Board (WCAB). Until recently, the WCAB was comprised of a total of 15 commissioners, who would travel throughout the State of Pennsylvania, holding oral arguments in Philadelphia, Pittsburgh, Harrisburg, Scranton, Johnstown and Erie.

Unfortunately, due to budget difficulties faced by PA, the total of 15 commissioners on the WCAB has been drastically reduced. Right now, only five commissioners remain. Apparently, there will be another three commissioners named, when they are approved by the PA Senate.

This reduction in staffing is almost certain to have a negative effect on the speed with which WCAB decisions are issued. While we would love to provide a link for more information, there has been no official word on this development from the PA Bureau of Workers’ Compensation (other than to change the listed commissioners to the current total of five).

November 2, 2009

MRI Does Not Always Explain Pain And Other Symptoms

by Glenn Neiman

In the PA Workers’ Compensation system, we often see the workers’ comp insurance company doctors employ a fanatical reliance on “objective” diagnostic studies, at least when the results are negative. These doctors who perform Independent Medical Examinations (IMEs)[More accurately known as Defense Medical Examinations (DMEs)] use a negative study to say the injured worker must be fully recovered.

This view, of course, is far too simplistic and quite flawed. One could ask Kevin Curtis for confirmation. As many of you know, Kevin Curtis is a wide receiver for the Philadelphia Eagles. He has not been able to play football this year due to persistent pain in his knee. Repeated MRI studies of the knee were negative for any structural damage at all. Had Mr. Curtis been an injured worker, the IME/DME doctors would have said there is nothing wrong with him, and he can return to unrestricted work.

Yet, with millions of dollars hanging in the balance, Mr. Curtis remains unable to return to the field. In fact, the symptoms were so troubling to Curtis that he underwent arthroscopic surgery on his knee. This type of case should serve as a reminder to Workers’ Compensation Judges (WCJs), as well as to those doctors performing IMEs and DMEs, that no diagnostic test, whether x-ray, MRI or CT scan, is infallible. And, sometimes, when an injured worker says his or her knee (or shoulder, or back, or whatever) really hurts, even in the face of a negative study, maybe it really does still hurt.

July 9, 2009

PA Workers’ Comp Claim Denied – Armed Robbery Part of the Job?

by Glenn Neiman

Since we limit our practice to representing injured workers’ in PA workers’ compensation cases, we see frequent situations when an injured worker is treated poorly by the workers’ comp insurance carrier. Sometimes, though, the situation seems way beyond common sense and logic. I am currently litigating one of those cases, against the Commonwealth of Pennsylvania/Liquor Control Board.

When a work injury in PA is emotional or psychological in nature, the condition must have been caused by an “abnormal working condition” to be eligible for Pennsylvania workers’ comp benefits. In other words, the emotional or psychological condition must be cause by something other than a subjective response to normal working conditions. What determines “normal working conditions” depends on the occupation in question.

Firefighters, police, emergency medical technicians and other first responders are normally expected to face much more stressful conditions than a secretary, accountant, factory worker or construction worker, for example. An event happening to a policeman may be a normal working condition, but if the same event happened to an automobile mechanic, that would be an abnormal working condition. These cases often depend greatly on the facts involved in each case.

April 2, 2009

Trust in Workers’ Compensation Insurance Company Doctors Misplaced?

by Glenn Neiman

An article in the New York Times, talking about how insurance company’s “Independent Medical Examiners” (IME) may not be acting truthfully, hit home to me. Though the article deals specifically with New York workers’ comp, their system is close enough to Pennsylvania’s that comparisons are valid.

While I urge folks to read the entire article, the part that was my absolute favorite was the insurance company doctor who said, “If you did a truly pure report, you’d be out on your ears and the insurers wouldn’t pay for it. You have to give them what they want, or you’re in Florida. That’s the game, baby.”