Pennsylvania Workers' Compensation Lawyer Blog

April 12, 2013

Workers’ Comp in Michigan – Guest Blog

Our blog generally contains information regarding workers’ compensation in Pennsylvania, since that is the only type of case we handle. It is interesting, however, for our readers to learn about how the workers’ compensation systems in other States compare to that in PA. To that end, we are proud to present a guest blog from Alex Berman, Esquire, who practices workers’ compensation law in MI:

Guest Blog Post: Beware The Labor Market Survey

I want to thank Glenn Neiman for the opportunity to write today’s blog post. It’s always a pleasure to speak with an attorney who has devoted his practice to helping people who are injured at work.

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.”

April 2, 2013

Pain Relief For the Injured Worker Coming?

by Glenn Neiman

As attorneys who limit their practice to representing injured workers in Pennsylvania, we see many different conditions which affect various parts of the body. We see injuries to the feet, ankles and knees, the hands, arms and shoulders, the neck, back and the head. The constant? Well, that’s easy – pain. Often severe and devastating, the vast majority of injuries we see cause various degrees of pain.

Given our experience in dealing with folks in debilitating pain, we always have an eye on medical developments and research, especially when it comes to new ways of dealing with pain. And that is what makes the concept of a wearable pain patch being developed by Thimble Bioelectronics, and reported on Gizmag.com, so interesting.

This device is not your typical pain patch, like Duragesic or Fentanyl, which delivers regulated dosages of pain medication through the skin. This new device would actually be a miniature TENS unit (Transcutaneous Electrical Nerve Stimulation). A TENS unit delivers low voltage electrical stimulation, which provides relief without the use of heavy duty narcotic medications, which contain dangerous side-effects.

March 27, 2013

Suspension for “Retirement” Not So Easy for PA Workers’ Comp Insurance Carriers; PA Supreme Court Affirms Robinson

by Glenn Neiman

As readers of our blog surely know by now, the relationship between the “retirement” of an injured worker and continued entitlement to Pennsylvania workers’ compensation disability benefits is a frequent topic in appellate litigation. The decisions in both the Commonwealth Court of Pennsylvania and the Supreme Court of Pennsylvania are regular enough that we, as attorneys who limit our practice to representing injured workers in PA, need to stay informed to best protect our clients.

Back in 2010, we discussed the decision of the Commonwealth Court of PA in the case of City of Pittsburgh v. Workers’ Compensation Appeal Board (Robinson). In that case, the Commonwealth Court established that the taking of a disability pension, as opposed to a retirement pension, was not an indication of retirement. Therefore, the Court held that the workers’ compensation insurance carrier still had to prove that work was available to the injured worker in order to obtain a suspension of her workers’ compensation disability benefits. In 2011, we reported that the workers’ comp insurance carrier had filed a petition for review with the Supreme Court (Requested “allocatur”) and the Court granted the allowance of appeal.

Recently, the Supreme Court of Pennsylvania issued a decision, affirming the decision rendered by the Commonwealth Court. However, whereas the Commonwealth Court drew a distinction between a “disability” pension (as in this case) and a “retirement” pension, the Supreme Court held that the taking of a pension, regardless of what type of pension, does not (by itself) trigger any type of presumption (or in other words, a workers’ comp insurance carrier must prove more than that the injured worker took a pension to show that the injured worker “retired,” to obtain a suspension of the workers’ compensation disability benefits).

March 14, 2013

PA Workers’ Comp Paid by Check

by Glenn Neiman

One of the important jobs we have, as attorneys who represent injured workers in Pennsylvania, is to educate our clients about the PA workers’ compensation system. It is vital to us that our clients fully understand their rights and responsibilities under the PA Workers’ Compensation Act, and the appellate cases which have interpreted the Act. Sometimes one of the biggest obstacles we face is the mass of disinformation floating out there.

For example, recently there was an article on a local Philadelphia news affiliate about how those on unemployment compensation and workers’ compensation benefits would be saving money due to the development of new debit cards, which would have fewer fees.

The article said that, “About 150,000 people – or a bit more than 40-percent of Pennsylvanians who get workers comp or unemployment benefits – get them through debit cards.”

March 12, 2013

Developments in “Walking” for Paralyzed Injured Workers

by Glenn Neiman

A few months ago, we shared our excitement about the ReWalk motorized exoskeleton. We are now proud to note that one of our very own clients is working with another of these devices, called Ekso, through Good Shepherd Rehabilitation Hospital in Allentown, PA.

According to Susan Golden, Director of Neurorehabilitation at Good Shepherd, the facility became the first rehabilitation center in the entire Country to be trained in the upgraded Ekso device. They had been the third center in the Country to receive the Ekso unit back in March, 2012.

Working with Good Shepherd, our client, Jason A., has been an inspiration to other injured workers. Back in June of 2010, a farming injury left Jason paralyzed from the waist down. A young man, only 33 years old at that time, Jason has never stopped working and hoping for further recovery. When the doctors told him he had irreparable damage to his spinal cord, and that he would never walk again, Jason simply took that as a challenge rather than a sentence.

February 19, 2013

ACL Tear Does Not Automatically Mean Surgery

by Glenn Neiman

A frequent injury we see in PA workers’ compensation cases is a tear of the anterior cruciate ligament (ACL) in the knee of the injured worker. In the past, this type of injury automatically required extensive reconstructive surgery to repair the tear. As we mentioned in a blog a few years ago, the thought process was changing to recommend rehabilitation before resorting to surgery.

Recently, the website for Andrews Institute for Orthopaedics & Sports Medicine referenced a study performed on skiers, which showed that approximately a quarter of those patients with a torn ACL can avoid surgery entirely, instead just rehabilitating the knee with physical therapy. Many sports fans are no doubt familiar with Dr. James Andrews, the head of this facility, who serves as orthopedic consultant for many college and professional sports teams.

The ACL is one of four ligaments in the knee. The others are medial collateral ligament (MCL), lateral collateral ligament (LCL) and posterior cruciate ligament (PCL). The primary function of the ACL is to prevent the shin bone from sliding out in front of the thigh bone. When this ligament is torn, the injured ACL is less able to control knee movement, and the bones are more likely to rub against each other. This can damage adjacent structures and can lead to osteoarthritis in the knee.

February 8, 2013

Change of Injury Description Barred by Court

by Glenn Neiman

Several years ago, we discussed the decision in Weney v. Workers’ Compensation Appeal Board (Mac Sprinkler Systems, Inc.), wherein the Commonwealth Court of Pennsylvania precluded an injured worker from amending a description of injury, because the injured worker had previously filed a Petition to Review and did not address that body part or diagnosis.

We found that decision to be overly harsh, unfair to the injured worker, and counter-productive for the resolution of cases (in essence, the Court punished the injured worker for agreeing to resolve the first Petition to Review by Stipulation, rather than go through the litigation process). Now, for injured workers, things have gone from bad to worse.

Recently, the Commonwealth Court of Pennsylvania, in DePue v. Workers’ Compensation Appeal Board (N. Paone Construction, Inc.), had another opportunity to address this issue, and again elected to punish the injured worker for resolving some aspect of his case. We are again mystified as to why the appellate system insists on sending a message that resolution is full of dangers and is, perhaps, best avoided.

February 1, 2013

Undocumented Worker Cut Off from PA Workers’ Comp Without Change in Condition

by Glenn Neiman

As we have previously noted, undocumented workers in Pennsylvania are eligible for workers’ compensation benefits, but such benefits can be stopped when the injured worker is no longer totally disabled.

What a workers’ comp insurance carrier must prove to stop benefits in this situation was examined recently in the matter of Ortiz v. Workers’ Compensation Appeal Board (Raul Rodriguez). Here, the injured worker fell from a ladder and fractured his leg and ankle. Since the employer had no workers’ comp insurance, the injured worker filed a Claim Petition against the Uninsured Employers’ Guaranty Fund (UEGF).

During the litigation before the Workers’ Compensation Judge (WCJ), the injured worker went back to work, albeit on a part-time basis. The WCJ granted the Claim Petition and awarded ongoing workers’ comp benefits, based on the injured worker’s earnings. UEGF did not appeal this decision.

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.

Pennsylvania Workers’ Compensation Lawyer Blog