One of the most difficult burdens an injured worker in Pennsylvania faces is when he or she is trying to reinstate PA workers’ compensation benefits after a Workers’ Compensation Judge (WCJ) has terminated such benefits. Since the granting of a Termination Petition means that the WCJ has found the claimant…
Under the PA Workers’ Comp Act, generally speaking, a worker is not eligible for Pennsylvania workers’ compensation benefits when he or she is commuting to work. Under the law, the worker is not “in the scope of employment” at that time. One exception to this rule is for “traveling employees,”…
Under the most recent amendments to the Pennsylvania Workers’ Compensation Act, passed in 1996, once an injured worker in PA has received total disability benefits for 104 weeks, the workers’ comp insurance company can obtain an Impairment Rating Evaluation (IRE). If the work-related injury results in a whole body impairment…
A recent decision by the Commonwealth Court of Pennsylvania, Albert Einstein Healthcare v. W.C.A.B. (Stanford), held that an injured worker seeking Pennsylvania workers’ compensation benefits must present expert medical evidence to prove disability. The testimony of the injured worker alone, unless the injury and the disability are obviously connected, will…
Under the PA Workers’ Compensation Act, an injured worker must give his or her employer notice of the injury within 120 days of the injury. If notice is not given within 120 days of the work injury, a workers’ comp claim for the injury will be barred. This issue becomes…
Many times in Pennsylvania workers’ comp cases we see an injured worker devastated by a physical injury. Once a provider for his or her family, the injured worker may find themselves home, unable to work, do any chores around the house or take part in hobbies or pleasurable activities. Frequently,…
Normally, in this blog we give readers the latest workers’ compensation cases from the Pennsylvania Courts, news from the Pennsylvania Bureau of Workers’ Compensation and developments in medical treatment for work injuries. Today, though, is just a cute story. I was putting on my suit jacket to enter the courtroom…
As we mentioned in a previous blog entry, workers’ compensation claimants in Pennsylvania are often eligible for Social Security Disability (SSD) benefits as well as workers’ comp benefits. Any increase in income to an injured worker can be the difference between financial survival and ruin. The Social Security Disability application…
Many of those who are injured at work and receiving Pennsylvania workers’ compensation benefits are using, or have used, the Fentanyl Transdermal Patch (FTP). As with any medication, the injured worker often has questions regarding the usage of the Fentanyl patch. This set of Frequently Asked Questions about FTP may…
Ordinarily, an injured worker in Pennsylvania cannot receive both workers’ compensation total disability benefits and also wages. Generally speaking, if an injured worker in PA has returned to work, he or she is no longer, by definition, “totally disabled.” The injured worker may be entitled to partial workers’ compensation benefits…