The standard fee agreement in Pennsylvania workers’ compensation is 20% of the benefits obtained or awarded to an injured worker. PA Courts have found this amount to be reasonable, and it remains the standard charged. Historically, this pertained just to wage loss, or what we call “indemnity” benefits. This was…
The Pennsylvania appellate courts have consistently determined that a Workers’ Compensation Judge (WCJ) is the final arbiter of credibility in a PA workers’ compensation case. Short of finding that a credibility determination by the WCJ is “arbitrary and capricious,” these determinations are to be accepted by the courts. This makes…
Twenty years ago today. The Incredibles was on the big screen. Friends and Frasier were both finishing up their long runs on network television (remember network television?). The Super Bowl that year featured the infamous “wardrobe malfunction.” And, Brilliant & Neiman LLC was formed to help injured workers’ with their…
We are proud to announce that Glenn Neiman, one of our partners, has been named as Co-Chair of the Bucks County Bar Association’s Workers’ Compensation Section. This is the second term Mr. Neiman has served in this capacity, previously serving as Co-Chair of the Workers’ Compensation Section in 2010 and…
The Pennsylvania Bureau of Workers’ Compensation has released the maximum workers’ compensation rate for injuries suffered in 2024. This is based upon the statewide average weekly wage. For injuries suffered in 2024, the maximum workers’ comp rate will be $1,325.00 per week. This is up from the 2023 maximum rate…
One of the most important determinations in any PA workers’ compensation case is the Average Weekly Wages (AWW). As we have explained in prior blog posts, if an injured worker has been employed for over a year, and is not paid a fixed amount each pay period, the AWW is…
Under the Pennsylvania Workers’ Compensation Act, the insurance carrier has 30 days to either pay a medical bill for treatment related to a work injury, or file for Utilization Review (to challenge whether such treatment is reasonable and necessary). The question, at times, is whether the treatment is “related” to…
Brilliant & Neiman LLC is proud to announce that Dina Brilliant and Glenn Neiman were part of a panel of Pennsylvania workers’ compensation dignitaries for a Continuing Legal Education Seminar, entitled “Ethical Considerations in Virtual Practice: Workers’ Compensation.” The seminar was presented on December 12, 2023 by the Bucks County…
In Pennsylvania workers’ compensation, physical and mental injuries are treated very differently. Is that fair? Probably not, but that is the law with which we are left. A physical injury, like a herniated disc in the neck or back, a rotator cuff tear in the shoulder or a ligament tear…
We often have issues regarding whether a particular medical expense is payable by the workers’ compensation insurance carrier. The issue could be whether it is a “medical” treatment at all, whether it is related to the work injury, or whether it is “reasonable or necessary.” A recent case from the…