Prince Law Offices, P.C.

by Karl Voigt

The Commonwealth Court has recently issued a case addressing a claimant’s ability to receive Unemployment Compensation after settling her Workers’ Compensation Case. In Nicole Lee v. Unemployment Compensation Board of Review, 2085 C.D. 2010, the claimant settled her Workers’ Compensation case, then applied for Unemployment. She was denied those benefits and filed an appeal to the Court. The Commonwealth Court ruled that she could not collect Unemployment Compensation after she settled her Workers’ Compensation case.

It’s important to note that, when she settled her Workers’ Compensation case, she agreed to resign from the employer where she was injured. It was this fact that made the appellate Court rule that her voluntary resignation from the employer made her ineligible for Unemployment Compensation benefits. The Court reasoned that it was her choice to resign. Of course, when an applicant for Unemployment Compensation has voluntarily resigned from employment — whether part of a Workers’ Compensation settlement or not — she can’t collect unemployment. As a general rule, Unemployment Compensation benefits are available to those who have been laid off or have quit their jobs with good cause.

Anyone contemplating settling their Workers’ Compensation case should be mindful of the effects of that resolution on other benefits, such as Unemployment Compensation.

by Karl Voigt

Yes.

You can get workers’ compensation for a back problem that’s related to your type of work. Sometimes our clients come to us with a back injury that wasn’t caused by an actual incident at work, but rather by their job duties. They may be entitled to workers’ compensation, even if there was no real “incident”. Proving such an injury in court requires a treating doctor’s firm and well-reasoned opinion that the job duties themselves caused the diagnosis.

As you may know, the insurance company has the right to have you examined by a doctor of its choice. It is likely that this doctor will attribute your injury to the aging process rather than your job. The carrier will use this opinion against you in court.

That’s why it’s important to nail down your doctor’s opinion as to causation. It is critical to explain to your doctor in detail what those job duties are: the specific mechanics of everything you do during a work day, and how long you have been performing these duties. If the doctor opines that your diagnosis was caused by your duties, your work injury claim may be viable.

This “repetitive stress” type of work injury is akin to a WC claim for carpal tunnel syndrome. There is no actual incident that causes carpal tunnel, but it still can be considered workers’ compensation. Similarly, a back injury that was caused by repetitive stress can be found to be work-related. If it is, the insurance company is liable to pay your wage loss benefits and medical bills.

by Karl Voigt

Your Workers’ Compensation checks will be coming later. Unfortunately, the US Postal Service, facing the possibility of bankruptcy, has decided to consolidate its mail-processing facilities, closing 250 of its 500 centers. By the spring of 2012, this will affect the delivery of all first-class  letters.

Most workers’ compensation insurance companies mail wage loss checks via first-class mail. This service will be directly affected by Postal Service cuts and will result in those wage loss checks arriving up to two days later. Nowadays, first-class mail is supposed to be delivered in one day to three days. That will lengthen to two days to three days, meaning we can no longer expect next-day delivery from surrounding communities.

Because the USPS consolidations typically lengthen the distance mail travels from the post office to processing center, the agency also would lower delivery standards for first-class mail that have been in place since 1971. If your insurer offers direct deposit, now would be the time to sign up.

by Karl Voigt

Your Workers’ Compensation checks will be coming later. Unfortunately, the US Postal Service, facing the possibility of bankruptcy, has decided to consolidate its mail-processing facilities, closing 250 of its 500 centers. By the spring of 2012, this will affect the delivery of all first-class  letters.

Most workers’ compensation insurance companies mail wage loss checks via first-class mail. This service will be directly affected by Postal Service cuts and will result in those wage loss checks arriving up to two days later. Nowadays, first-class mail is supposed to be delivered in one day to three days. That will lengthen to two days to three days, meaning we can no longer expect next-day delivery from surrounding communities.

Because the USPS consolidations typically lengthen the distance mail travels from the post office to processing center, the agency also would lower delivery standards for first-class mail that have been in place since 1971. If your insurer offers direct deposit, now would be the time to sign up.

We have a great number of clients who were injured in their employer’s parking lot. Naturally, in Pennsylvania, you have a workers’ compensation case when you are injured on your employer’s premises. However, are you actually on premises when you’re in the parking lot leaving or going to work?

Yes.

Probably.

It’s pretty simple: if it’s your employer’s lot, it’s likely compensable. Let’s say you have a motor vehicle accident or a slip and fall in the ice on your employer’s lot. If that lot is owned, leased, or even controlled by your employer for its employees, your injuries may very well be considered workers’ compensation.

Things get more complex, however, if you’re very early for work or simply hanging out in the parking lot after work. Your  presence has to required as a condition of employment at the time of injury.

If your walk to work involves parking and then walking on a public sidewalk, an injury on that sidewalk may be compensable if it’s a reasonable means to get access to work.

However, cases where a worker injures himself pushing a coworkers car in the snow may not be compensable, as that is generally not a job duty.

These type of cases are, of course, different than having an injury while commuting to or from work. Generally, commuting injuries are not workers’ compensation.

As always, if your case involves facts like these, consult your attorney.

Does your insurance company offer a Workers’ Compensation direct deposit or debit card? Well, they should! As technology advances, there are more and more convenient ways to do banking. Waiting for that check every week can be unpredictable and even frustrating, let alone making it to the bank and waiting for them to process it. A direct deposit or debit card could be a more predictable way to receive — and budget — wage loss benefits.

If your carrier were to offer direct deposit or a debit card, would you be interested? That offer, in 2011, would be a little behind the times. Most Social Security Disability recipients nowadays are required to receive their benefits by direct deposit. Child support recipients in PA are offered a debit card for their payments. This enables them to have immediate access to their funds.

Late checks are a frequent problem for workers’ compensation recipients. Sometimes a check arrives late because of mail delivery, especially around the worst time of year: the holidays! Having an immediate electronic transfer alleviates the stress of hoping that check arrives on time.

Of course, these programs benefit not just claimants, but also the the insurer, as they reduce their check printing and mailing costs. So direct deposit and debit cards make sense for everyone involved.

by Karl Voigt, Esquire

There has recently been a minor change to Workers’ Compensation law in Pennsylvania. This change does not, however, affect injured workers. Rather, it allows some employers to increase the number of their employees that are covered.

The Pennsylvania legislature has recently passed a bill to allow employers to expand their workers’ compensation insurance. Namely,  sole proprietors, members of partnerships and members of Limited Liability Companies (LLCs) may now purchase insurance where before they could not. Prior to this amendment, sole proprietorships, partnerships and LLCs were exempt from mandatory workers’ compensation insurance requirements. These business owners did nt even have the ability to buy workers’ compensation coverage. While it is still not mandatory that they do so, they are now allowed to. This is particularly helpful for “hands on” owners, who labor or travel for their business.

by Steven Tregea

Question: Does an employer’s payment of medical bills constitute an admission of liability?

Recently the Commonwealth Court handed down a ruling in Securitas Security Systems USA v. WCAB (Schuh).  The ruling dealt with whether an employer’s payment of medical expenses constituted an admission of liability such that the employer was estopped from denying  liability of an injury.

The claimant, Schuh, injured her low back in a work-related accident. She was paid benefits for the November 30, 2004 injury.  The Notice of Compensation Payable described the injury as a “lower back strain”.

Approximately one year later, claimant began treating with a psychiatrist for depression.  After a number of months, employer filed for utilization review.  The UR peer determined that all care was reasonable and necessary.  The employer did not file an appeal to this decision.

One year later, in July of 2007, claimant filed a review petition seeking to amend the NCP to include the diagnosis of depression and anxiety. Employer denied the allegations.  Claimant did not testify or present any evidence…instead, claimant simply averred that the employer “was estopped from denying liability for the phychological injuries by virtue of the unappealed UR determination.  The Judge and Board agreed with this argument, the Commonwealth Court reversed.

The Court rejected the idea that collateral estoppel applied.  The court insisted that the issue before it was different than that which was determined by the UR peer.  The Court went on to note that an employer’s voluntary payment of employee’s medical expenses is NOT an admission of liability.  The court also noted that neither precedent nor regulations provide “that the mere filing of a UR request imposes liability on an employer for a specific injury”.

It is important that if you are receiving workers’ compensation benefits for an injury but you later develop other injuries such as depression, that you make sure that the later developed injury becomes part of the NCP so that the employer becomes liable to pay for those medical bills.