Author Archives: kvoigtivplo

by | May 20, 2013 · 3:38 pm

Two Prince Law Attorneys Become Certified as Workers’ Compensation Specialists

by Karl Voigt

Two Prince Law Office attorneys — Thomas Beveridge and Karl Voigt — have been certified as specialists in the practice of workers’ compensation law by the Pennsylvania Bar Association Workers’ Compensation Law Section.

Both lawyers successfully completed the certification process by submitting a variety of documents showing that at least 50 percent of their legal practice is in the specialty field of workers’ compensation, that they have practiced in the field for more than five years, and that they actively participate in Mandatory Continuing Legal Education in workers’ compensation law and related fields. Both lawyers also passed the challenging certification examination that focuses on workers’ compensation law and rules and leading case law.

In 2012, the Pennsylvania Supreme Court approved the PBA Workers’ Compensation Law Section as the first bar association entity in Pennsylvania to certify lawyers in the area of workers’ compensation law.

Because of their successful completion of the certification process, they will be permitted to use the following language when communicating about their certification to clients and to the public: “Certified as a specialist in the practice of workers’ compensation law by the Pennsylvania Bar Association’s Section on Workers’ Compensation Law as authorized by the Pennsylvania Supreme Court.”

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by | May 1, 2013 · 11:00 am

Direct Deposit May Be Available For Workers’ Compensation Benefits

by Karl Voigt

Direct deposit May now be available for some Workers’ Compensation claimants receiving wage loss benefits. Rather than receiving checks in the mail, some injured workers may be able to receive their weekly wage loss benefits via electronic transfer of funds to their bank. While this is not a comprehensive list, insurers such as Hartford, PMA and Liberty Mutual now offer some claimants direct deposit.

The advantages of direct deposit are many:

  • No waiting on the mail for your check;
  • No worrying about stolen checks;
  • No driving to the bank before closing time to deposit checks;
  • If you’re away from home, or even ill or in the hospital, funds are credited to your account;
  • No waiting for the check to clear; your funds will be in your account when you need them

Of course, you will need a bank account to take advantage of direct deposit. If you would like your benefits direct deposited, contact your carrier or your attorney if you have one.

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by | March 20, 2013 · 11:51 am

The insurance company wants to send me to Impairment Rating Evaluation (IRE). What is this?

by Karl Voigt

The insurance company wants to send me to Impairment Rating Evaluation (IRE). What is this? Well, first and foremost, it’s not another IME (independent medical examination). It’s another tool the insurer has to reduce the amount of workers’ compensation wage loss benefits you receive.

In order to determine whether you remain entitled to the temporary total disability (TTD) you’re getting, the insurer can send you to an IRE after you have received 104 weeks of TTD benefits. There are very specific rules and time constraints for when this exam can be requested. If, however, the IRE request is timely, an American Medical Association-certified doctor will examine you to gauge your percentage of whole body impairment resulting from the work-related injury. The degree of impairment is based on the most recent edition of the AMA guidelines, currently in its 6th edition.

You must first be considered at “maximum medical improvement” (MMI) In order for an IRE Determination to be imposed upon you. The examination will occur whether or not you believe you are at MMI. Therefore, if your IRE determination is appealed, one common challenge we make is that our client was not at MMI and therefore the IRE should be discarded. As an example, an the 500 week IRE limit should not be imposed on an injured worker who is scheduled to undergo further surgery for his work injury.

Nevertheless, if the doctor finds that your impairment to be equal to or greater than 50 percent, then you are presumed to be totally disabled and benefits continue. If you are determined to be less than 50 percent impaired, your TTD benefits will be limited to 500 more weeks. This “ticking clock” can only be stopped if it can be proven that you are more than 50% disabled. This is extraordinarily difficult. To put things into perspective, there are some injured workers who are limited to wheelchairs who have been gauged to be less than 50% disabled.

Naturally, during the 500 weeks after the IRE, you may attempt to reinstate your TTD benefits if you can show that your condition has worsened significantly.

 

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by | March 4, 2013 · 3:05 pm

I just received a Notice of Ability to Return to Work. What is this?

by Karl Voigt

I just received a Notice of Ability to Return to Work. What is this?

We are often posed this question by our clients. In short, the Notice of Ability to Return to Work (NARTW) is often the first shot fired in the battle over your wage loss benefits.

The NARTW is a form designed by the Pennsylvania Bureau of Worker’s Compensation designed to advise an injured worker that: 1) he can return to work; 2) that his wage loss benefits could be affected; and 3) that he has an obligation to look for work. It is to be filled in by the carrier and issued to a claimant when a doctor has concluded that he can return to work in some capacity. This can be an opinion from a treating physician, or a doctor hired by the insurance company. Issuance of the form is also a prerequisite before: 1) an employer offers you a return to work; or 2) the carrier conducts a labor market survey.

Generally, if your employer wants to minimize its Workers’ Compensation costs and “invite” you back to work, they must do so in writing, with an accompanying NARTW. The offer itself should include a description of the job, the hours you’re scheduled to work, and the wages you are to be paid. There is a strong argument that a workers’ compensation carrier cannot attempt to reduce your benefits by your possible earnings at this job unless the NARTW is issued along with the offer. The bottom line is that the carrier will have a very difficult time in court if they did not first send you a Notice of Ability to Return to Work (NARTW).

If you refuse to go back to work because you cannot perform the offered job, your employer may file a petition against you to reduce your wage loss benefits. If you are represented by counsel at the first hearing, the judge will very likely dismiss the case against you if the employer has not first issued the requisite NARTW.

Section 306(b)(3) of the Pennsylvania Worker’s Compensation act requires that the NARTW be issued promptly. The Pennsylvania legislature, however, absolutely failed to define “prompt”. Rather, it has left the definition up to the appellate courts. The courts have lent just a little assistance, ruling that the NARTW should be issued “within a reasonable time “after the doctor opines a claimant can return to work. In short, one must look at the facts of every case. Namely, a NARTW should be issued before the doctor’s opinion becomes stale. When my office deals with this issue, we try to point to evidence that our client has become prejudiced by the late issuance of the NARTW.

Regardless, the NARTW is a form that was designed to put you on notice that the insurer has received some sort of medical opinion that you can return to work. There is no legal requirement that you sign the document, or even do anything with it. However, because the document is a telegraph warning of likely action against you, if you have an attorney, make sure you get a copy to him or her. If you don’t have an attorney, it may be time to speak with one.

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by | January 22, 2013 · 12:07 pm

Pain and suffering damages in workers’ compensation?

by Karl Voigt

Are there pain and suffering damages in workers’ compensation? Unfortunately, no. Injured workers in Pennsylvania never see the high awards one often hears about in personal injury cases. Our workers’ compensation clients know by experience that an injured worker is only entitled to payment for wage loss and medical bills. While there is no question that injured workers endure pain and suffering, there is no compensation for it.

Many of our workers’ compensation clients at some time during the progress of their case ask us why they can’t sue for pain and suffering. The answer requires a bit of a history lesson.

The rationale for this exclusion dates back to the Industrial Revolution and is based on a compromise made by the legislature when it crafted the then-new Workers’ Compensation Act in 1915. The Industrial Revolution, in full swing by the mid-nineteenth century, brought about some changes. Prior to the Industrial Revolution, Pennsylvania was primarily an agrarian economy. As the Industrial Revolution brought more industry to the Commonwealth, it also brought more injuries. In the 19th century, safety measures were not nearly as prevalent as they are today. As a result, there were far more work injuries.

Unfortunately, there being no Worker’s Compensation Act before 1915, an injured worker was often simply let go if he was unable to continue performing his regular job. Unable to work, he and his family became wards of the state. Naturally, the state did not want that burden.

In some cases, that worker sued in the Court of Common Pleas. While the suit may have taken years, he may have been award not just wage loss and medical damages, but also damages for pain and suffering. Naturally, employers did not want to face these potentially costly lawsuits.

So, we had three entities with competing interests: injured workers who didn’t want to be abandoned for an injury that wasn’t their fault, the state who didn’t want to have to be responsible for the care of disabled worker, and the employer who didn’t want to go out of business after paying high jury awards for its injured employees’ pain and suffering.

Acknowledging these competing interests and looking for a compromise, the legislature drafted the Act as follows:

  • Employers would now have to pay for an insurance policy that would pay injured workers wage loss and medical benefits if they were injured at work. In return for making these premiums, they would enjoy immunity from suits for pain and suffering.
  • The Commonwealth would not have to take responsibility for a worker who had become
  • Employees would now have a “safety net” designed to pay them wage loss and medical benefits relatively quickly. However, they would lose their right to sue for pain and suffering damages.

The system has certainly evolved over the past 100 years, but this underlying compromise has certainly remained.

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by | January 8, 2013 · 9:39 pm

What is a supersedeas?

by Karl Voigt

When an insurance carrier files a petition to stop or reduce your workers’ compensation benefits, it will usually request a supersedeas. So what exactly is a supersedeas? First, “supersedeas” is Latin for “you shall desist”. The carrier is essentially attempting to convince a judge to issue a temporary (or “interlocutory”) order to stop your benefits. This is

Thankfully, the carrier needs a judge’s permission to stop or reduce your checks. By filing a petition, the carrier is trying to get a permanent order to stop your benefits. This process can take months. When it requests a supersedeas, the carrier feels it has such compelling evidence against you that they think a judge should stop those benefits before the case is even fully litigated.

Thankfully, the judge can’t stop your benefits until a hearing is held. And this gives you time to prepare. At that first hearing, the carrier will introduce its evidence against you to pursue its request for supersedeas. After that, the judge must rule on the request within 14 days. Therefore, at the first hearing, you must be prepared to submit your own documentary evidence to combat the employers request for supersedeas.

If you have just hired an attorney because the petition has been filed, that attorney will present that evidence on your behalf. Namely, the attorney will likely submit medical records from your treating physicians as well as perhaps an affidavit signed by you. All of this evidence is being presented on your behalf to convince the judge not to grant that request for supersedeas. Assuming the judge actually denies the employer’s request for supersedeas, it is at this time that the judge will likely approve of the deduction of your lawyers fees.

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by | December 13, 2012 · 9:37 pm

Can I be forced to get surgery for my work injury?

by Karl Voigt

We are often asked by our clients if they can be forced to get surgery for their work injury. The decision whether or not to undergo surgery can be life-altering. Surgery gone wrong can worsen your condition or even disable you. On the other hand, surgery done right can reduce pain and increase physical capabilities. However, can surgery be forced upon you?

The first thing you have to consider is whether or not surgery is in your best interests. Many patients would likely have fared much better had they never undergone surgery, particularly low back surgery. However, many have done better having undergone surgery.

If your doctor has proposed surgery, NOW would be the time to discuss the chances of success. Discuss this with your surgeon, making sure he or she spends enough time with you to explain everything well and answer all of your questions. You also may wish to seek a second opinion, as this is a critical issue. Naturally, you have the right to a second opinion. Only a small percentage of patients actually exercise this right, but we encourage it.

You have to seriously consider if your condition warrants intervention. Generally, if you can’t bear your symptoms, and if surgery will likely alleviate your symptoms, you’ll probably want to get surgery. Decisions get more difficult if your symptoms are tolerable, but your condition might improve with surgery.

So, can the insurance company force you to undergo surgery? The short answer is “no”. No one can put you under general anesthesia without your consent. However, there are possible consequences if you exercise your right to decline surgery.

If a doctor says that you are 75% — or even 80% — likely to improve following surgery, you might face the possible forfeiture of your rights to future workers’ compensation benefits if you decline surgery. We’re talking both wage loss and medical benefits. And we’re talking permanent. No order to attempt to stop these benefits, the workers compensation carrier has to file a petition against you and meet its burden of proof. This is certainly not an easy burden of proof for the insurance company to meet. However, the consequences are severe. If the judge finds that the proposed surgery is likely to improve your condition and capacity, and you have exercise your right to decline that surgery, the judge may stop your wage loss and medical benefits. These instances, however, are rare.

Facing surgery can be one of the most difficult decisions you ever make. It is wise to take these decisions seriously, become informed, and way the possible consequences before undergoing such a drastic treatment.

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by | November 28, 2012 · 1:02 pm

Do you need a workers compensation lawyer?

by Karl Voigt

Do you need a Workers’ Compensation lawyer?

First of all, statistically speaking, most injured workers do eventually need a Workers’ Compensation lawyer. Over the life of your case, the insurance company will categorically use all the tools it has to reduce or even stop your Workers’ Compensation benefits. The question therefore is when do you need a Workers’ Compensation lawyer?

Truth is, it’s probably never too early in your case to consult with an attorney. Most attorneys won’t even charge for an initial consultation. That initial consultation can enlighten you as to what you can expect during the life of your claim. A good attorney will let you know when you can expect to actually need to hire an attorney. It is therefore important for injured workers to understand the difference between hiring an attorney and simply consulting with one. Consultations are free, whereas hiring an attorney means that you’re paying attorney. Keep in mind that Worker’s Compensation lawyers can’t collect a fee unless and until a judge approves of that.

One ordinarily has to hire an attorney when it’s time to go to court. Generally speaking, you’ll know when that time comes. For instance, if a vocational counselor contact syou to arrange for vocational interview, it’s time. If you were sent for an “independent” medical examination (IME) and the resultant report comes out against you, it’s time. When the insurance company files a petition against you, it’s time. When the insurance company is no longer paying your medical bills or proving your medical treatment, it’s probably time.

Always remember, however, that lawyers are generally happy to talk about your case with you even if it’s not that time. Free consultations can answer your questions and perhaps even lay out a long-term plan for the evolution of your case. It all starts with a phone call…

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by | November 21, 2012 · 3:59 pm

Can I get an award for a work-related scar?

by Karl Voigt

Can someone injured at work get an award for a resultant scar? Yes, if that scar is to the head or neck, whether the client has been injured and scarred in an accident, or has had work-related surgery resulting in scarring.

§306(c)(22) of the Pennsylvania Workers’ Compensation Act allows for an award of benefits for permanent scarring to one’s head or neck (above the clavicle) due to a work injury. The act allows for an award of up to 275 weeks of compensation. What that means is that even the absolute worst scar you can imagine is limited to that figure.

This is one area of the acts that allows for a wide and unpredictable range of awards, as an injured worker with a scar can get anywhere between 0-275 weeks, with no table or formula to rely upon.

The math is easy: the award is the number of weeks times your weekly Workers’ Compensation rate. If your weekly rate is $455, and your award is 20 weeks, the dollar amount of the award is $9100.

This figure can be negotiated with the insurance company or litigated before Worker’s Compensation Judge, who has broad discretion to award up to 275 weeks of compensation. As every case is different.

Time is a course of the essence. The statute of limitations for filing a claim is three years. There is a general presumption that a scar is permanent some six months after the injury or surgery.

Generally, this sort of claim requires the filing of a Claim Petition, although a settlement can be negotiated with the Workers’ Compensation insurance company before you file the petition. It is important to be prepared before attempting to secure an award. Whether negotiating with the insurance company or litigating before a judge, it is important to secure a physician’s written opinion that it is indeed a permanent scar. The report should also describe the scar. You should also have photographs of the scarring available, as well as perhaps photographs from before the injury.

If a petition must be filed, the judge will have to view the scar and rule on the number of weeks he or she feels is suitable.

Naturally, if you have work-related scarring, it is wise to consult with an attorney before pursuing a claim for benefits.

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by | September 30, 2012 · 7:39 pm

Returns To Work: What If My Employer Offers Me A Job After A Work Injury?

by Karl Voigt

What if you have been injured at work and your employer offers you a return to work? There are occasions after a work injury in which a Claimant is released to return to work in some capacity. What happens after that?

A Claimant can be released if a treating doctor releases a patient to return to work, or he can be sent to an independent medical examination (IME) and released. Once released to return to work in any capacity, an employer may choose to offer you a job. That employer may be highly motivated to do so, as it will reduce their cost of your work injury.

First off, if your treating doctor releases you to work and your employer offers that modified work, there is very little choice but to give it a go. Naturally, if you can do it, do it!

If, however, an IME doctor says you can return to work, and your treating doctor disagrees, that’s when it’s time to weigh the options. If an IME doctor who’s seen you only once says you can return to work, your employer legally doesn’t even have to abide by your doctor’s opinions. Many factors have to be considered before making the final call. Would the return to work pose a physical danger to you? Would that return earn you the same wage as before your injury? How would the return affect your wage loss benefits. What would happen if you could not physically do the job?

You can rest assured that, if you decline the offer, the employer will file a petition against you to reduce your wage loss benefits, so it’s definitely time to be prepared. If you don’t have an attorney, this is the point at which it’s typically time to talk with one.

 

 

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