In Pennsylvania workers’ comp, as in workers’ compensation systems throughout the U.S., the American Medical Association’s Guides to the Evaluation of Permanent Impairment is being used to assess disability. In other words, an injured worker’s condition and ability to work is being determined by referencing a book, distancing any subjectivity…
It is funny how, after relatively few PA workers’ compensation hearing loss cases were decided by the Commonwealth Court of Pennsylvania, now, all of a sudden, it seems like every case decided by the Court is on this issue. In our previous blog post, we mentioned that an injured worker…
Though, generally speaking, Pennsylvania’s workers’ compensation system is based purely on wage loss, there are exceptions to the rule. With most work-related injuries in PA, workers’ comp is paid only if the injured worker is disabled from his or her job by the work injury. One large exception is the…
When either party to a PA workers’ compensation case wants an opinion on whether medical treatment is reasonable and necessary (and this is usually requested by the workers’ comp insurance carrier, rather than the injured worker), the procedure is to file a Request for Utilization Review (UR). The Pennsylvania Bureau…
The impact of pensions and “retirement” on PA workers’ compensation cases seems to be a frequent issue visited by the Commonwealth Court of Pennsylvania. Just last month, we told you about the decision in City of Pittsburgh v. Workers’ Compensation Appeal Board (Robinson) [Where the Court found that a “disability”…
Many times an injured worker in PA will be so impaired that he or she may also qualify for Social Security Disability benefits. Contrary to what some injured workers may have thought, you can receive both Pennsylvania workers’ comp benefits and Social Security Disability benefits at the same time (though…
We were humbled and appreciative to learn that our blog has been selected by LexisNexis as one of the Top 25 Blogs for Workers’ Compensation and Workplace Issues. Considering all of the excellent blogs covering just Pennsylvania workers’ comp issues, it was incredibly rewarding for us to be selected to…
Last week, we attended a PA Workers’ Compensation seminar in Hershey, Pennsylvania. This is the “Fall Section Meeting of the Pennsylvania Bar Association’s Workers’ Compensation Section.” For years, workers’ comp attorneys from across the entire State of PA have gathered at this seminar to learn and discuss new cases and…
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…
Back in October, 2009, we noted that the Supreme Court of Pennsylvania accepted the appeal (or, as formally said, “accepted allocatur”) in the matter of Diehl v. Workers’ Compensation Appeal Board (I.A. Construction). This is the case where the Commonwealth Court of Pennsylvania first found that a PA workers’ compensation…