Workers’ Compensation Judge’s Decision Suspending Benefits Overturned in Pennsylvania

A recent decision by the Pennsylvania Workers’ Compensation Appeal Board held that the workers’ compensation judge erred when he suspended the claimant’s benefits without proof of job availability. The claimant injured her neck as a result of repetitive work activities. She eventually underwent neck surgery… read more

WC Carrier Can Subrogate Against UM Benefits

In Davis v. WCAB (PA Social Services Union), the Commonwealth Court held that a workers’ compensation insurance company may subrogate against benefits received by an injured worker through a co-worker’s uninsured motorist benefits. While this holding was not unexpected, it highlights the importance of retaining… read more

Can You Recover Workers’ Compensation Benefits If You Have A Preexisting Condition in Philadelphia?

What does it mean to be injured at work? The answer is a lot more complicated than it may seem at first glance. If you suffered a trauma, such as a broken leg after falling off of scaffolding you probably don’t need a Philadelphia workers’… read more

Why Has Your Employer Scheduled An IME And What Is an IME Anyway?

You were hurt at work and a workers’ compensation claim was set up by your employer and its insurance carrier. Hopefully, you consulted with an experienced Philadelphia workers’ compensation attorney right away and learned that, in all likelihood, despite what your employer was telling you… read more

Commonwealth Court Holds That Injured Worker Did Not Withdraw From Workforce

In Chesik v. WCAB (Department of Military and Veterans’ Affairs), the Commonwealth Court addressed whether an injured worker’s benefits should be suspended because she had voluntarily withdrawn from the workforce. Both the workers’ compensation judge and the workers’ compensation appeal board rendered opinions suspending the… read more

So You Have Been Injured At Work-Do You Need A Lawyer?

Your day starts out like any other. You get up, perhaps get your kids dressed and off to school, and you head to work. You know the routine, it is habitual at this point in your life. At the end of your shift or workday… read more

Commonwealth Court Holds That An Injured Worker Must File A Wage Loss Claim Within 3 Years Of The Date Of Injury After Claim Is Accepted By Way Of A Medical-Only Notice Of Compensation Payable

In Sloane v. WCAB (Children’s Hospital of Philadelphia), the Commonwealth Court held that an employee whose workers’ compensation claim is granted by way of a Medical-Only Notice of Compensation Payable following his work injury must file a Claim Petition within 3 years of the date… read more

Pennsylvania Commonwealth Court Holds That Truck Driver Involved In Motor Vehicle Accident May Not Collect Workers’ Compensation Benefits In Pennsylvania For New Jersey Motor Vehicle Accident.

Under the Pennsylvania Workers’ Compensation Act, an employee who sustains a work-related injury in Pennsylvania is always entitled to pursue workers’ compensation benefits in Pennsylvania, whether that individual resides out-of-state or actually lives in Pennsylvania. However, we are often asked to consult with truck drivers,… read more

What Happens After You Have Won Your Workers’ Compensation Case in Pennsylvania?

You injured your back while working. After you were hurt your employer and its insurance company elected to fight your workers’ compensation claim. But after appearing before the workers’ compensation judge and presenting medical evidence in support of your petition, the judge decided the claim… read more

Pennsylvania Commonwealth Court Clarifies Filing Requirements For Workers’ Compensation Claims Against the Uninsured Fund

Recently, in Lozado v. WCAB (Dependable Concrete Work and UEGF), the Commonwealth Court reversed and remanded a decision from the Workers’ Compensation Appeal Board that had affirmed the judge’s decision denying the injured worker’s claim petition on the basis that the worker failed to provide… read more