As per the Governor's shut down we are working remotely, however rest assured that we are still working to protect your rights! Please email us at for Dina Brilliant and for Glenn Neiman or call us at (215) 638-7500 and leave a message as we are checking our messages.

A new Frequently Asked Question has been, "I have the Coronavirus, can I get workers' compensation benefits?" The answer is that, yes, you may be entitled to workers compensation benefits depending on the facts. This can be whether you have contracted COVID-19 through work, or whether you have lost a modified duty job through an employer closing or layoff. Email or call us to discuss the specifics of your case in regard to the Coronavirus or any other work injury.

Chronic Pre-Existing Condition Compensable Under PA Workers’ Comp Where Condition Worsened by Working Conditions

It is well-settled law in PA that an aggravation of a pre-existing condition is compensable under the Pennsylvania Workers’ Compensation Act. However, depending on the condition at issue, the work injury may be seen to end when the worker returns to his or her baseline condition (or, in other words, when the “aggravation” ends and the injured worker is left with the same pre-existing condition).

This concept was explored by the Commonwealth Court of Pennsylvania in City of Philadelphia v. Workers’ Compensation Appeal Board (Whaley-Campbell). Here, the injured worker had a long history of allergies and respiratory symptoms for years. The air pollution at work aggravated her conditions and led to chronic conjunctivitis.

The workers’ comp insurance carrier filed a Petition for Termination, saying the work injury had resolved and that the injured worker had returned to baseline. The Workers’ Compensation Judge (WCJ) denied the Petition. Upon further appeal, the workers’ comp insurance company argued the condition is a related to the pre-existing allergies and that a Termination of workers’ comp benefits is warranted.

The Commonwealth Court of Pennsylvania affirmed the decision of the WCJ, finding that a Termination is not warranted. The Court distinguished this case from the general rule, finding that, though the injured worker had allergies and respiratory problems for years, she never had conjunctivitis before the work-related injury. Since the injured worker continued to demonstrate the effects of the conjunctivitis, she was not fully recovered.

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