Category: Workers’ Compensation

by Karl Voigt, Esquire Maybe not! We often tell clients who walk in the door for the first time that they don’t need to hire an attorney. Which can be a surprise coming from an attorney. But it doesn’t mean we don’t want to be their lawyers. It means we don’t have to start the … Continue reading Do I need a workers’ compensation lawyer? →

Many injured workers in Pennsylvania are receiving workers’ compensation benefits and are also entitled to, or have applied for, Social Security disability or retirement benefits. The majority of these individuals will also become entitled to the payment of medical expenses under Medicare. In the event he or she contemplates accepting a settlement of the workers’ … Continue reading CMS Memorandum Reaffirms its Standards of Review for Workers’ Compensation Settlements →

Once again the Pennsylvania legislature is working to limit injured workers’ rights. This time it’s not with broad sweeping changes, but in small increments, almost as if they do not want to be noticed. Namely, they’re seeking to double the length of the “captive period” from 90 to 180 days. Just so we’re clear, 180 … Continue reading New proposed change to the PA Workers’ Comp Act →

The Protecting America’s Workers Act, most recently introduced on January 5, 2011 in the US House of Representatives, is our federal legislature’s most recent effort to strengthen OSHA and protect US workers. The new legislation, if adopted, would: -Enhance protection from retaliation for whistleblowers who report dangerous work conditions; -prohibit employers from discouraging employee reports of injury; … Continue reading Protecting America’s Workers Act →

During the first week of April, the Pennsylvania Commonwealth Court held that an Employer may use the Utilization Review process to determine if medical treatment is reasonable and necessary for injuries or medical conditions which are it has not accepted as part of the work injury without fear that such a review will bind the … Continue reading No admission of liability for injuries where Employer requests Utilization Review →

Our clients are often faced with a huge obstacle to getting the medical care they need for a work injury: their workers’ compensation case is denied. This can result in an inability to get needed treatment. Most doctors insist on getting paid for their services. It’s not uncommon for doctors – particularly specialists – to … Continue reading Denied Workers’ Compensation…and healthcare? →

In 2005 the Commonwealth Court held that an employee collecting a pension is presumed to have withdrawn from the work force. Under this rule, the court held that it was ” the responsibility of the claimant to rebut this presumption with evidence that he has continued to work or with evidence that he has been … Continue reading New Standard for Suspension of WC Benefits when Claimant Receives a Pension →

On February 23, 2011, the Pennsylvania Supreme Court in Gillard v.AIG Insurance Co., No. 10 EAP 2010, 2011 WL 550552, reviewed 42 Pa.C.S. 5928 to determine the narrowness or breadth of attorney-client privilege in Pennsylvania. The Supreme Court found that the attorney-client privilege “operates in a two-way fashion” which protects both client-to-attorney and attorney-to-client communications. Specifically, the Court held, … Continue reading PA Supreme Court’s Decision on Attorney/Client Privilege and How It May Limit Questioning in a Workers’ Compensation Case →

Anyone who’s been on workers’ compensation knows it’s no bonanza. First and foremost, an injured worker can’t sue his employer, so huge punitive awards or pain and suffering damages are simply out of the question. Second, the insurance company has a toolbox full of ways to stop or reduce the little compensation an injured worker … Continue reading Workers’ Compensation Fraud: myth or reality? →

The Commonwealth Court has handed down three new cases interpreting the 1995 amendments to the PA Workers’ Compensation Act (the Act) governing the compensability of hearing loss. These 1995 changes are commonly referred to as Act 1 of 1995. The new cases bring new clarity to certain aspects of the law. In the first case, … Continue reading Commonwealth Court Brings Clarity to Hearing Loss →