The Pennsylvania Workers’ Compensation Act (Act) is very specific – a workers’ comp insurance carrier is responsible for the payment of all reasonable and necessary medical expenses, which are related to a work injury. As always, the devil is in the details. For example, is the payment of medical bills…
Articles Posted in Workers Compensation Litigation
Amendment of PA Work-Related Injury Not Barred
Back in 2008, we discussed the decision of the Commonwealth Court of Pennsylvania in the matter of Weney v. Workers’ Compensation Appeal Board (Mac Sprinkler Systems, Inc.) [Note that the formatting, with the WCAB listed as the party and the Employer in parentheses, has been reversed since this decision]. This…
PA Bureau of Workers’ Compensation Names Three New Workers’ Compensation Judges
We are excited to relay the news that the Pennsylvania Bureau of Workers’ Compensation, Office of Adjudication, has announced that there will be three new additions to the workers’ comp bench. Two will be serving the Philadelphia Workers’ Compensation Hearing Office and one will be in the Williamsport Workers’ Compensation…
PA Injured Worker Unable to Add Medical Condition Related to Accepted Work Injury
As we have discussed in this blog previously, changes to an accepted work injury in PA come in two types – “corrective” and “consequential.” The difference between these two situations can make or break a case, as recently illustrated by the Commonwealth Court of Pennsylvania in their decision in the…
DHS Lien Not Automatically Reimbursable Under PA Workers’ Comp
While perhaps not of interest to every injured worker, the subject of PA Department of Human Services’ (DHS) liens is one that appears from time to time in Pennsylvania workers’ compensation cases. And, while the injured workers may not have a huge interest, the PA workers’ compensation insurance companies surely…
PA Workers Compensation Judge Must Consider All Conditions “Due To” A Work Injury In IRE
One of the bigger “victories” by the PA workers’ compensation insurance industry against the injured workers in Pennsylvania is the Impairment Rating Evaluation (IRE) process. Under this process, after an injured worker has received 104 weeks of temporary total disability benefits, the insurance company can initiate an IRE, which can…
Notice of a Work Injury in PA Workers’ Compensation
No matter what kind of company one works for, as long as one is an “employee,” as defined in the Pennsylvania Workers’ Compensation Act (and not otherwise excluded by other laws, such as federal employees, military personnel, maritime workers and railroad workers), one is entitled to workers’ compensation benefits if…
Three Year Statute of Limitations Applies in PA Workers’ Comp With Medical-Only Notice of Compensation Payable
We are often asked why an injured worker in Pennsylvania needs an attorney. “They know I got hurt on the job,” the injured worker might say, “Why would I need a lawyer?” Well, the Commonwealth Court of Pennsylvania recently issued a decision that demonstrates why every injured worker in PA…
Injured Worker in PA Must Prove Nonexistence of a Job at Employer
Since the 1996 changes to the Pennsylvania Workers’ Compensation Act (“Act”) took place, workers’ comp insurance carriers have had the ability to use Labor Market Surveys [LMS] (also known as Earning Power Assessments [EPA]) to reduce or stop the payment of workers’ compensation benefits. We have previously addressed the “prerequisite”…
Injured Worker in Pennsylvania Must Give Notice of Work Injury Within 120 Days
Under the Pennsylvania Workers’ Compensation Act, an injured worker has 120 days to provide notice of a work injury to his or her employer. If notice is not given within this time, a Claim Petition may be barred. The time period for giving notice can be extended where the work…