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The short answer is yes. There are certain restrictions and time frames that must be complied with in order to get compensation for an asbestos exposure in Pennsylvania Workers’ Compensation. Asbestos exposure is covered under the Occupational Disease portion of the Pennsylvania Workers’ Compensation. Under the occupational disease provisions of the act you must’ve been exposed to asbestos for a minimum period of two years while working in the Commonwealth of Pennsylvania the disability from the exposure to asbestos must occur within 300 weeks of the last exposure to the hazard and not 300 weeks from the date of last employment.

When a disease from asbestos exposure manifests itself beyond the 300 week limitation, the injured worker’s remedy to seek benefits or compensation is outside the PA Workers’ Compensation Act. The only remaining option to an injured worker is a direct action against the employer. The exclusive remedy provisions of the Workers’ Comp Act will not bar an action in this limited instance. Asbestos exposure cases often rely on very specific details, for example the location and the duration of exposure also when the disease from exposure manifested itself.  If you suffered mesothelioma or other illness from exposure to asbestos while on the job is best to contact an attorney to understand your rights under both the Pennsylvania Workers’ Compensation and other remedy’s available to you.

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“I had selected Ron Calhoon’s practice based upon reviews submitted by previous clients. While the Harrisburg/York area offered numerous attorneys and practices, Ron Calhoon consistently received high marks by clients. My case involved forced retirement as a result of my injury so it was more complex than any others. My forced early retirement cost me a significant loss of anticipated receipts that would have resulted had I been allowed to continue to my full retirement date. With Ron’s assistance I was able to recover all of that.” -Bill York, PA

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An employee from Lewisberry, PA, working as a merchandiser for a soda company, sustained a work injury accepted as a right shoulder strain/sprain in September 2014, by the insurance carrier, Indemnity Insurance Company of North America.  The injured worker was treating with Steven M. DeLuca, D.O., and the insurance carrier filed a Utilization Review Request regarding his prescribing  a H-Wave stimulator for the employee to use.  A Utilization Review was performed which found that the H-Wave machine was not reasonable and not necessary for the injured worker’s injury.  We filed a Petition for Review of the Utilization Review Determination.  While the claim was being actively litigated, the case ultimately settled for $90,000 for a full compromise and release.  Although the injured worker resolved the wage loss and medical benefits, the parties continue to litigate the Petition to Review the Utilization Review Determination regarding the H-wave machine.  Including the settlement, the injured worker received $120,848.68 in wage loss benefits and $44,559.23 in medical benefits to date for her work injury.

 

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$220,000.00 Settlement for Low Back Injury

An Union employee from Enola, PA, working as a truck driver for New England Motor Freight, sustained a work injury described as a lumbar strain in July 2011, which the insurance carrier, Liberty Mutual Insurance Corporation, accepted.   The IME physician reported that the injured worker’s restrictions were sitting for 8 hours with rest and standing 4 hours with rest.   Without the need for litigation, the case ultimately settled for $220,000 via a compromise and release.  Including the settlement, the injured worker received $309,526.18 in wage loss benefits.

 

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A Utilization Review (UR) is yet another tool that insurance companies use to try to get out of paying for an injured workers’ medical treatments, even though the injured worker is entitled to Pennsylvania Workers’ Compensation Benefits.  When used by the insurance carrier, the Utilization Review process is a tool to challenge whether or not the treatment that is being provided to the injured worker is reasonable and necessary for the work injury. When used by an injured worker, a prospective Utilization Review is seeking written pre approval of treatment the carrier is not approving, or more likely, just ignoring requests for pre approval.

When a request for Utilization Review is filed by the insurance company, they must specify which of the injured worker’s doctors and what treatment(s) they are challenging.  After the insurance company submits a request for a Utilization Review, the insurance company is not required to pay for of the medical treatments while they are being reviewed.  This can leave injured workers in a tough position because it is common that insurance companies ask for “any and all” treatment to be reviewed.  Thus, leaving all medical bills going unpaid for one or possibly their only doctor treating them for their work injury until the Utilization Review Determination is made.

The Utilization Review Determination is made by a third party medical provider that is picked by the Pennsylvania Bureau of Worker’s Compensation.  The third party medical provider is supposed to provide an unbiased opinion about the treatment under review.  They can consider the records of the treating doctor, speak with the treating doctor and review the injured worker’s statement about the treatment when they are making their determination.  Then they decide whether or not the treatment being provided by the doctor is reasonable and necessary for the work injury.

The determination can find that all treatment is reasonable and necessary, part of the treatment is reasonable and necessary, or none of the treatment is reasonable and necessary.  Only after the determination that all or part of the treatment is reasonable and necessary is the insurance company required to pay the medical bills.  However, the insurance company is not required to pay for any treatment that was found unreasonable and unnecessary .

If the injured worker, insurance company or even the medical provider don’t agree with the determination made by the third party medical provider, it can be challenged by filing a Petition to Review the Utilization Review Determination.  There is a very limited period of time to challenge the Utilization Review Determination.  If any of the medical treatment for your work injury has been found unreasonable or unnecessary and you don’t agree with it, you should consult with an attorney quickly to learn about your Workers’ Compensation rights.

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The short answer is no. No one can force you to return to work but it can cause you problems with your Pa workers’ compensation case so you need to know your rights.  If you get a Notice of Ability to Return to Work in the mail, it typically means that you are being released to work on light duty restrictions or in some cases a full duty with no restrictions.  This is based on information that your employer/insurance company has received from an Independent Medical Evaluation doctor or your treating doctor.   The Notice of Ability to Return to Work is only step one and your employer must still offer you a position within the restrictions outlined in the form but you have to respond to your employer.

A Notice of Ability to Return to Work is typically a precursor to your employer/insurance company preparing to start litigation. In fact, it is a requirement that the Notice of Ability to Return to Work be issued before a Petition is filed to Terminate, Modify or Suspend your workers’ compensation benefits.  If you feel that you cannot return to work within the guidelines set forth in the Notice of Ability to Return to Work or it is based on the Independent Medical Evaluation doctor and your treating doctor hasn’t released you to work, then it is time to consult with your doctor and speak to an attorney about the impacts to your Workers’ Compensation benefits.

The time-frames to respond to job offers from the employer or disputing your employer’s claim that you can return to work in Court are short. It is always better to be prepared by knowing your workers’ compensation rights and ensuring that you have your doctor’s support, in case your employer or their insurance company files a Petition that will affect your Workers’ Compensation benefits.

If you have received a Notice of Ability to Return to Work LIBC-757 form and you don’t know what to do, please feel free to contact us and we will provide you with answers free of charge.

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A Union employee from Sunbury, PA, working as a delivery driver, sustained a work injury accepted on the Notice of Compensation Payable as a lumbar strain in August 2013, which the insurance carrier, Liberty Mutual Insurance, accepted. The insurance carrier had the injured worker attend an IME in February 2015 with Dr. DiBenedetto who reported that if the injured worker’s true diagnosis was a lumbar strain, that he was recovered from same. At the time of the IME, the employee had been working in a light duty position with another employer and was receiving partial disability wage loss benefits from the insurance carrier. The injured worker then attended another IME with Dr. DiBenedetto in November 2015. Dr. DiBenedetto reported that the injured worker was recovered from his accepted injury of a lumbar strain and that he could return to his pre-injury job without restrictions. In February 2015, the insurance carrier filed Modification and Suspension Petitions alleging that the injured worker was released to return to his regular duty, that the employer offered him his pre-injury job and the employee had not responded to the job offer and also because a Labor Market Survey had been completed which would result in a modification of his wage loss benefits. In March 2016, we filed a Review Petition seeking to have the injured workers’ description of injury be amended to include a L4-L5 disc herniation. While multiple petitions were being litigated, the future workers’ compensation benefits ultimately settled for $165,000 via a compromise and release.

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In a Pennsylvania workers’ compensation case from 2009, an injured worker had entered into a Compromise and Release Agreement settlement with his employer. The C&R Agreement had language that stated that the employer was not admitting liability to the injury and there was no finding in that the injury was, in fact, work related. This is he usual method of settling a disputed claim petition, even if the Defendants “dispute” is very weak such as they are waiting for the results of an I.M.E. before making a decision on whether to accept the claim. The C&R Agreement also did not require that the employer pay for any medical expenses and therefore nothing obligated the employer to pay for the injured workers’ medical expenses. In this case, a medical provider for the injured worker then filed a Penalty Petition alleging that there was a violation of the Act by resolving the case through a C&R Agreement without giving the medical provider notice and an opportunity to intervene and because the insurance carrier had not paid his related medical bills. Because proper language was not included in the C&R to make sure the injured workers’ medical benefits were paid, the Workers’ Compensation Judge denied the Penalty Petition. The Judge found that the employer did not agree to pay medical bills incurred as a result of the work injury and that the provider had no recourse against the employer. The Judge’s Decision was affirmed by both the Workers’ Compensation Appeal Board and the Commonwealth Court.

Injured workers’ and their attorneys have an interest in making sure quality health care is available for those suffering from a work injury. Throwing the doctor under the bus is short sighted. The insurance carriers commonly offer more money in the settlement negotiations for the injured worker to not require payment of past medical bills.

You should review the Compromise and Release Agreement very carefully. You should also have a qualified workers’ compensation attorney review your settlement documents. If you are in the process of resolving your workers’ compensation case, please call Calhoon and Associates to discuss your claim to make sure all of your rights are fully protected. Studies show that having an good workers’ compensation attorney negotiate the terms of your workers’ compensation settlement results in significantly more in recovery. In other words, it costs a lot money to do it alone.

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Ron turned around my whole life, he truly did.

Ron is incredible, reliable, quick to return any/all means of communication, thoughtful and a truly genuine person. His company is always there for you as well as his employees. They all have you’re best interest and Ron is truly compassionate in your best interest. I came to run as a referral to a gentleman who was dealing with a similar situation, simply in hopes for answers to questions I had, that neither my company nor workers comp were answering. Here I am, a 26 yr old, injurieD body part, student loan debt and no where to really turn and extremely frustrated. Ron turned around my whole life, he truly did. He excelled in answering all of my questions and beyond that, beyond what I ever thought would even happen. Life went from pretty depressing to soon to be student loan free. Settled. And a cushion for my future. All I can say about Ron, is he’s a truly caring individual, who excels above and beyond at his job. I couldn’t thank or apprecite him enough! -Kaila, York, PA 6-7-16

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$150,000 for left ankle injury

An employee from Lancaster, PA, working as a laborer for Walsh Construction, sustained a work injury to his left ankle in February 2012, which the workers’ compensation insurance carrier, Gallagher Bassett, accepted via a Medical-only Notice of Compensation Payable. We filed a Claim Petition because the injured worker had a loss of earnings and we requested partial disability benefits be paid by the insurance carrier. We also filed a Penalty Petition because the insurance carrier failed to approve the employee’s work-related spinal injection / nerve blocks. The parties entered into a Stipulation in which the insurance carrier agreed that the injured worker was entitled to partial disability benefits which was approved by the Judge and ordered paid. We then filed a Review Petition because the injured worker’s average weekly wage to determine his compensation rate had been incorrectly calculated by the insurance carrier. The parties entered into a Stipulation resolving that Review Petition. The injured worker’s average weekly wage was increased from $793.20 to $1,088.74 and his compensation rate was increased from $528.80 to $725.10. Claimant received back benefits due and owing to him along with statutory interest. The insurance carrier then had the injured worker attend an independent medical examination in October 2013 and the IME physician, Paul Horenstein, M.D., reported that Claimant was status post left ankle surgery performed in July 2012, that he could work within reasonable capacities, that he had not reached maximal medical improvement and that the diagnosis of osteochondral injury was related to his work injury which he was not yet recovered from. Dr. Horenstein recommended physical therapy for two months followed by a home exercise program. We filed a Penalty Petition in July 2014 because the insurance carrier had unilaterally and illegally ceased paying the injured worker temporary total disability benefits. The Penalty Petition was resolved by Stipulation whereby the insurance carrier paid the employee for its violation of the Act. The future benefits were ultimately settled for $150,000 via a Compromise and Release.

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One of our client’s purchased this new home on 2 plus acres in Elk County where he and his wife watch the Elk come to feed in the evenings. The purchase price was paid New Home View

Valley Viewin fill with Blain’s workers’ Compensation Settlement from his ankle injury.

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SEEKING SCHOLARSHIP APPLICATIONS

So far, Calhoon & Associates has donated $30,000 and continues to sponsor and fund the “Trusted Answers • Peace of Mind Scholarship” to benefit Kids’ Chance, a college scholarship program to provide financial support for children of Pennsylvania workers who have been seriously or fatally injured in a work related accident. Kids’ Chance was formed as a nonprofit organization to provide scholarships to deserving, qualified college aged children of these workers. Each scholarship awarded is good for one school year beginning with the fall semester. Thereafter, a student may continue to receive scholarship funds upon providing grades and other re-application information. Kids’ Chance of PA is accepting applications now for the 2016-2017 year. For information on applying for a scholarship go to www.kidschanceofpa.org or call 610-970-9143. You can also email our office for information at pshafer@pa-workers-comp-lawyers.com. Kids’ Chance of PA is funded by tax deductible donations from individuals, insurance companies, lawyers, doctors, labor groups, professional associations, and other groups or individuals.

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In Pa Workers’ Compensation, any case can be resolved by an agreement between the injured worker and their employer/Insurance carrier by a Compromise and Release (C&R) Agreement. The parties can agree to resolve the matter in whole for both wage loss and medical benefits or just a part of the benefits but it is most common to see resolution for the entire claim. An agreement to resolve the case is drafted on the Bureau of Workers’ Compensation form called “Compromise and Release Agreement by Stipulation Pursuant to Section 449 of the Worker’s Compensation Act” or commonly referred to as a C&R Agreement.
After the parties have agreed to the settlement terms to resolve the workers’ comp case, a Workers’ Compensation Judge will need to approve the agreement after a petition is filed and hearing takes place. The Judge’s role in approving a Compromise and Release Agreement is to decide if the injured worker knows and understands what they are agreeing to and how it affects their Worker’s Comp rights. In other words, what is the injured worker getting and what is the injured worker giving up. To understand what the injured worker is giving up, they must have a basic understanding of their rights which takes us, at least 1.5 hours to explain to each client.
An injured worker testifies at a Compromise and Release hearing about their understanding of the agreement but typically not to the specifics of how they were injured. The following are common questions that are asked of the Injured Worker to ensure they understand the settlement:
1. That the injured worker has read the C&R Agreement; that they have gone over the agreement with their attorney; and that their attorney has answered any questions they have about the Compromise and Release Agreement;
2. That the injured worker and their attorney have gone over the pros and cons of their case and the pros and cons of their C&R Agreement;
3. That the injured worker has signed the C&R Agreement;
4. That the injured worker understands they are not being forced to settle and could continue with the pending litigation. If litigation continues, then the injured worker could continue to receive wage loss and medical benefits that possibly could be more or less than the agreed upon lump sum over time, but also you could end up with zero, if the case is not decided in you favor;
5. That the injured worker understands the terms of the settlement. (Each settlement terms are unique to the specific injury but it typically involves a lump sum of money in exchange for releasing employer/Insurance carrier from liability for the work injury);
6. That the injured worker understands their wage loss benefits will stop as of the date of C&R Hearing;
7. That the injured worker understands what medical bills are going to be paid by the Employer/Insurance Carrier. (Either past medical bills and/or future medical bills related to the work injury). Also the Employer/Insurance Carrier will no longer be responsible for those bills after a specified date;
8. That the injured worker understands they cannot reopen their case even if they get worse or their symptoms return;
9. That the injured worker feels they understand the legal significance of what they are doing by entering into a Compromise and Release Agreement;
10. That the injured worker has not been promised anything that is not written in the agreement in order to get them to sign it;
11. That the injured worker has an attorney of their own choosing and that they have entered into a contingent Fee Agreement with their attorney to represent them in their Work Comp case. In addition, that they understand the amount of the fee the attorney will be receiving from their lump sum;
12. That the injured worker is not being threatened by anyone to accept the C&R Agreement and that they are entering into it by their own free will;
13. That the injured worker is not under the influence of any drugs or alcohol that would impair their decision making ability;
14. That the injured worker will need to verify their status for Child Support Orders. Pursuant to Act 109, any settlement over $5,000 in Pennsylvania requires a search of public records for Child Support Liens. The Injured Worker must indicate that: they don’t have any Child Support Orders against them; or they do and they are paid up to date; or they do and they are in arrears.); and
15. That the injured worker wants the Workers’ Compensation Judge to approve the Compromise and Release Agreement.

If the Worker’s Compensation Judge approves the C&R Agreement, the Judge will typically issue a decision within 3-5 business days. From the date of the circulation of the Decision by the Judge, the Employer/Insurance Carrier has thirty (30) days to make payment. If you have suffered a work injury and you have been approached about settling your case, call Calhoon and Associates before you accept any offers. Typically, Employer/Insurance Carrier’s try to get out cheap as possible and take advantage of the fact injured workers don’t know their rights and what their case is worth. Our experienced Workers’ Compensation attorneys will guide you through the process, and explain your rights and maximize your recovery.

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An employee from Waynesboro, working as a truck driver, sustained a work injury, which the insurance carrier, Inservco Insurance Services, denied. Matt Kaminsky of Calhoon & Associates filed a Claim Petition for the injured worker in which we described his injury as a C5-C6 disc herniation with radiculopathy and requested payment of workers’ compensation wage loss benefits from the date of injury and ongoing. The insurance carrier had the injured worker attend an independent medical examination with Chad M. Rutter, D.O. in York, PA. Dr. Rutter reported that he was unable to state that the injured worker sustained a work injury or aggravated a pre-existing condition. While the case was being actively litigated, the claim ultimately resolved for $125,000 via a compromise and release.

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I Absolutely Recommend

I made a mistake by not reporting my work injury immediately to my boss, and workers comp laws in Pa. can be difficult to navigate-especially when prominent companies with large, well funded insurers are behind them, ready and willing to take advantage of even the most innocent, well meaning mistake. Ron took my case immediately (recommended to me by a friend/coworker) and contacted me during his vacation. He spent as much time as was needed to go through the details and went to work. The stress I was feeling was almost instantly relieved. Ron, and the excellent staff he has working for him, deftly navigated the comp laws that are seemingly written in favor of the employer. He clearly laid out my options, suggested courses of action, and saw to it that every detail was handled promptly, with precise professionalism. I simply could not have managed a successful outcome were it not for his assistance. Not once during the entire process, about 1 year from start to finish, did Ron and his staff cause me to have second thoughts. I absolutely recommend him. Jack, a U.P.S. Employee – Williamsport, PA

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     5.0 stars 67 total

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Workers comp case? you need Ron

5.0 stars

Posted by Jack
May 2, 2016

 Hired attorney

I made a mistake by not reporting my injury immediately, and workers comp laws in Pa. can be difficult to navigate-especially when prominent companies with large, well funded insurers are behind them, ready and willing to take advantage of even the most innocent, well meaning mistake.

Ron took my case immediately (recommended to me by a friend/coworker) and contacted me during his vacation. He spent as much time as was needed to go through the details and went to work. The stress I was feeling was almost instantly relieved.

Ron, and the excellent staff he has working for him, deftly navigated the comp laws that are seemingly written in favor of the employer. He clearly laid out my options, suggested courses of action, and saw to it that every detail was handled promptly, with precise professionalism. I simply could not have managed a successful outcome were it not for his assistance.

Not once during the entire process, about 1 year from start to finish, did Ron and his staff cause me to have second thoughts. I absolutely recommend him.
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Calhoon and Associates

5.0 stars

Posted by a client
April 27, 2016

 Hired attorney

Mr. Calhoon was very good at answering my questions in a very professional and timely manner. He made sure I knew
what my options were, with my workers compensation case. He is very easy to talk to and cares about his clients.
I would recommend him to anyone that his a W.C. issue.

Made it easy

5.0 stars

Posted by Robert
April 6, 2016

 Hired attorney

From first phone call he was on top of it till the end.He did what he said he would do and also nailed the time line he gave me.I just wished i would have went to him first.I wasted 2 years with another lawyer that just wanted to sit and wait . Wish i could use him for everything!

WC Attorney Review

5.0 stars

Posted by Bill
March 28, 2016

 Hired attorney

I had selected Ron Calhoon’s practice based upon reviews submitted by previous clients.
While the Harrisburg/York area offered numerous attorneys and practices, Ron Calhoon consistently received high marks by clients.
My case involved forced retirement as a result of my injury so it was…
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The Best in NEPA for worker’s comp.

5.0 stars

Posted by Rick
March 7, 2016

 Hired attorney

It was good to have the right guy in my corner. He took charge of the whole situation and every one I had to deal with knew who he was and didn’t play games with me. We settled for an amount that was acceptable and he made sure it arrived in a timely manner. If you need a worker’s comp lawyer this is the man you want backing you up.

Calhoon and Associates

5.0 stars

Posted by Penni
February 28, 2016

 Hired attorney

Mr. Calhoon was very professional and thorough in the handling of my claim. He found some inconsistencies within my case and filed the necessary documents immediately. I would definitely recommend Mr. Calhoon in any workers compensation case.

He is aggressive!

5.0 stars

Posted by Sherry
February 28, 2016

 Hired attorney

Ron Calhoon and his team are always reachable up to 12am ea day! His team doesn’t miss a detail, ever! ! Ron comes from a family (father) who was always a participant w the union laws. Physicians know him and what he needs to have documented ! You truly cannot be in better hands when it comes to ur lively hood/ well being. I worked at a law…
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Super Lawyer with a Passion for Workers Comp.

5.0 stars

Posted by Robin
February 9, 2016

 Hired attorney

My only regrets are I should of hired firm earlier. From the start to finish excellent job with Ronald & Matthew assisting in( 1 appt. ) With presence of all the staff create a 5 star rate in service. Thank you- , certainly will recommend to others.

Ron Is Very Intelligent! Iam Very Happy With Calhoon & Associates

5.0 stars

Posted by Gregory
September 24, 2015

 Hired attorney

Very Smart lawyer.Ron Calhoon will answer any questions you have In a very timely manner by email or a phone call his staff is great also and just as responsive as Ron
Calhoon. Being on workers compensation it is very stressful plus dealing with your injury it can be very unpleasant most of the time…
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Worker’s Comp.

5.0 stars

Posted by Linda
July 9, 2015

I was always kept up to date with what was going on with my case. If I had any questions I would send an email…and I would get a response back within hours.
Very professional and clearly had what was in the best interest of me always first.

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A Union employee from Bloomsburg, PA, working as a driver for delivery company, sustained a work injury to his right shoulder in April 2012, which the insurance carrier, Liberty Mutual Insurance Company, accepted for payment of medical benefits only as a “left upper arm sprain.” We filed a Claim Petition describing the injury as “right shoulder – torn tendons and torn rotator cuff.” The injured worker was working in a light duty position at a loss of wages and we requested partial disability from the date of injury to the present and ongoing. While the claim was in litigation, the insurance carrier agreed to issue a Notice of Compensation Payable with the accurate description of injury and we were able to withdraw the Claim Petition. The insurance carrier had the injured worker attend an independent medical examination in July 2013 and the IME physician, Robert Mauthe, M.D., reported that the employee’s diagnosis was right rotator cuff tear status post repair and that he remained symptomatic from his work injury and subsequent surgery and that his prognosis was somewhat guarded. The claim ultimately resolved for $100,000 via a compromise and release. Including the settlement, the injured worker received $136,181.92 in wage loss benefits and $42,809.00 in medical benefits for his work injury.

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An employee from Harrisburg, PA, working as a porter for a car dealership in Silver Spring, sustained a work injury described as a low back strain in October 2014, which the insurance carrier, Eastern Alliance Insurance Co., accepted. The injured worker received a Notification of Suspension in March 2015 alleging that he had returned to work at earnings less than his time of injury earnings and we filed an Employee Challenge Petition. The insurance carrier than reinstated the injured worker’s wage loss benefits and the Petition was withdrawn. The insurance carrier had the injured worker attend an independent medical examination with Chad Rutter, D.O., who reported that the employee could return to modified duty work with lifting restrictions of 25 lbs. The injured worker was offered full time employment from the employer in August 2015 and he returned to work. The case ultimately settled for $117,000 via a compromise and release. Including the settlement, the injured worker received $177,277.47 in wage loss benefits and $6,045.98 in medical benefits for his work injury.

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$186,000 Settlement For Left Shoulder Strain

An employee from Reading, PA, working for Exide Technologies, sustained a work injury described as a left shoulder strain in November 2011 which the insurance carrier, Risk Enterprise Management, accepted. The insurance carrier filed a Modification Petition based upon results of a Labor Market Survey that had been performed. The injured worker continued to receive wage loss benefits and a Mediation was held while the case was actively being litigated. The wage loss portion of the case ultimately settled for $186,000 via a Compromise and Release. The insurance carrier remains liable for the injured worker’s medical bills related to his injury.

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An employee from York, PA, working as a truck driver and yard supervisor for Midlantic Piling, sustained a work injury described as a back and groin strain in July 2012, which the insurance carrier, Bituminous Fire & Marine Insurance, accepted. We had filed a Claim Petition and a Penalty Petition due the insurance carrier’s failure to either accept or deny the claim within twenty-one days. The insurance carrier then accepted the claim and the parties resolved the pending litigation by entering into a Stipulation in which the injured worker’s description of injury was amended to “back and groin strain, a herniated disc at L4/5 and an inguinal hernia” and the employee continued to received temporary total disability wage loss benefits. We then filed another Penalty Petition because the insurance carrier illegally stopped the injured worker’s wage loss benefits. The parties then resolved the pending litigation by entering into another Stipulation in which the employee was paid $1,122.74 in additional partial disability benefits due to him for the time period when he had returned to work while under restrictions. The insurance carrier had the injured worker attend an independent medical examination and the IME physician reported that the his prognosis was guarded because he was having ongoing symptoms of back pain which had not substantially improved in the ten months since undergoing surgery, that he had chronic pain pattern that he required ongoing medical management and structured physical therapy and that he had not reach maximum medical improvement. The injured worker was working light duty with weight restrictions at the time of the IME. While he was working for the time of injured employer, the future benefits were settled for a tax free, one time lump sum of $205,000 via a compromise and release.

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Made It Easy

From first phone call he was on top of it till the end.He did what he said he would do and also nailed the time line he gave me.I just wished i would have went to him first.I wasted 2 years with another lawyer that just wanted to sit and wait . Wish i could use him for everything! Robert Gettysburg, PA

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$240,000.00 Settlement for Low Back Injury

A Teamster Local 764 steward and union pipeline worker from Allenwood, PA, for Otis Eastern Services, contacted us after he had sustained a back injury in September 2012. The insurance carrier, Travelers Casualty & Surety, had not accepted the claim and we filed a Claim Petition for his low back with bilateral radiculopathy work injury. The employer, in fact, had never advised the insurance carrier that the injured worker had sustained a work injury. The parties entered into a Stipulation in which it was agreed that the injured worker sustained a work injury described as “left S1 radiculopathy and aggravation of lumbar spondylosis at L5-S1 and L3-4″ and the injured worker was entitled to temporary total disability wage loss benefits for his work injury. The insurance carrier then had the injured worker attend another IME with the same physician in 2013. Dr. William P. Butler performed low back surgery with good results. Sometime later, after receiving weekly compensation checks, the case ultimately settled for $240,000 via a compromise and release.

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$107,000.00 Settlement for Shoulder Injury

An employee from Bowie, TX, working as a derrick worker for Basic Energy Services in Pennsylvania, sustained a work injury described as a left shoulder sprain / strain in February 2011 which the insurance carrier, Liberty Insurance Corporation, accepted via a Temporary Notice of Compensation Payable. We filed a Claim Petition and the parties later entered into a Stipulation in which it was agreed that the real description of injury was a contusion II AC separation injury to the left shoulder and agreed to a higher AWW and higher compensation rate. Also, the injured worker had been underpaid wage lose loss benefits, his average weekly wage and compensation rates were increased and he received reimbursement from the insurance carrier for their underpayments made to him. In 2014, we filed a Reinstatement Petition on behalf of the injured worker because his injury was causing a decreased earning power. While the claim was being actively litigated, the case ultimately settled for $107,000 via a compromise and release. Including the settlement, the injured worker received $201,157.91 in wage loss benefits and $31,605.92 in medical benefits for his work injury.

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This week the Supreme Court delivered its decision in Friedrichs v. California Teachers Association, affirming that public employers have a compelling interest in having strong and effective collective bargaining. The case was poised to strike a fatal blow to public union. When it was argued in January, most commenter’s believed the court was going to rule that forcing public workers to support unions they had declined violates the First Amendment. However, the 4-4 surprise decision leaves intact the sound law of Abood v. Detroit Board of Education that has been working for nearly four decades. At issue in Friedrichs was whether non-union members could share the wages, benefits and protections negotiated in a collectively bargained contract without needing to pay their fair share for the cost of those negotiations. Over turning Abood would have weakened public sector unions with a loss of union dues from free riders who simply choose not to join while benefiting from the unions representation in wages and working conditions.
The case was brought by the Center for Individual Rights, an organization funded by corporate special interests that are pushing their own agenda. AFL-CIO President Richard Trumka noted, “Today, working people have persevered in the face of another attack on our rights. All over the country working people are showing that we won’t allow wealthy special interests or their politicians to stand in our way to join collectively and make workplaces better all across America. In the face of these attacks we are more committed than ever to ensuring that everyone has the right to speak up together for a better life.” “The well-funded attack in the Friedrichs case is part of a larger anti-worker agenda pushed by corporate special interests that has also sought to restrict voting rights, limit workers’ ability to have a voice, and suppress women and immigrants. This agenda has polluted America’s electoral system and civil political discourse, and has made it increasingly apparent to working families that the stakes of the 2016 election couldn’t be higher.”

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In PA Workers’ Compensation, any case can be resolved by an agreement between the injured worker and their employer/Insurance carrier by a Compromise and Release (C&R) Agreement. The parties can agree to resolve the matter in whole for both wage loss and medical benefits or just a part of the benefits but it is most common to see resolution for the whole claim. An agreement to resolve the case is drafted on the Bureau of Workers’ Compensation form called “Compromise and Release Agreement by Stipulation Pursuant to Section 449 of the Worker’s Compensation Act” or commonly referred to as a C&R Agreement.
After the parties have agreed to resolve the matter, a Workers’ Compensation Judge will need to approve the agreement and a C&R hearing will be scheduled. The Judge’s role in approving a Compromise and Release Agreement is to decide if the injured worker knows and understands what they are agreeing to and how it affects their Worker’s Comp rights.
An injured worker testifies at a Compromise and Release hearing about their understanding of the terms of the agreement. The Judge has a limited role in a C&R proceeding. The following are common questions that are asked of the Injured Worker to ensure they understand the settlement:
1. That the injured worker has read the C&R Agreement; that they have gone over the agreement with their attorney; and that their attorney has answered any questions they have about the Compromise and Release Agreement;
2. That the injured worker and their attorney have gone over the pros and cons of their case and the pros and cons of their C&R Agreement;
3. That the injured worker has signed the C&R Agreement;
4. That the injured worker understands they are not being forced to settle and could continue with the pending litigation or status quo, at least for the time being. If litigation continues, then the injured worker could continue to receive wage loss and medical benefits that possibly could be more or less than the agreed upon lump sum over time, but also you could end up with zero, if, for example a Termination Petition is not decided in you favor;
5. That the injured worker understands the terms of the settlement. (Each settlement terms are unique to the specific injury but it typically involves a lump sum of money in exchange for releasing employer/Insurance carrier from liability for the work injury);
6. That the injured worker understands their wage loss benefits will stop as of the date of C&R Hearing;
7. That the injured worker understands what medical bills are going to be paid by the Employer/Insurance Carrier. (Either past medical bills and/or future medical bills related to the work injury). Also the Employer/Insurance Carrier will no longer be responsible for those bills after a specified date;
8. That the injured worker understands they cannot reopen their case even if they get worse or their symptoms return;
9. That the injured worker feels they understand the legal significance of what they are doing by entering into a Compromise and Release Agreement;
10. That the injured worker has not been promised anything that is not written in the agreement in order to get them to sign it;
11. That the injured worker has an attorney of their own choosing and that they have entered into a contingent Fee Agreement with their attorney to represent them in their Work Comp case. In addition, that they understand the amount of the fee the attorney will be receiving from their lump sum;
12. That the injured worker is not being threatened by anyone to accept the C&R Agreement and that they are entering into it by their own free will;
13. That the injured worker is not under the influence of any drugs or alcohol that would impair their decision making ability;
14. That the injured worker will need to verify their status for Child Support Orders. Pursuant to Act 109, any settlement over $5,000 in Pennsylvania requires a search of public records for Child Support Liens. The Injured Worker must indicate that: they don’t have any Child Support Orders against them; or they do and they are paid up to date; or they do and they are in arrears.); and
15. That the injured worker wants the Workers’ Compensation Judge to approve the Compromise and Release Agreement.

If the Worker’s Compensation Judge approves the C&R Agreement, the Judge will typically issue a decision within 3-5 business days. From the date of the circulation of the Decision by the Judge, the Employer/Insurance Carrier has thirty (30) days to make payment. If you have suffered a work injury and you have been approached about settling your case, call Calhoon and Associates before you accept any offers. Typically, Employer/Insurance Carrier’s try to get out cheap as possible and take advantage of the fact injured workers don’t know their rights and what their case is worth. Our experienced Workers’ Compensation attorneys will guide you through the process and explain your rights. Studies show that represented injured workers’ obtain more than twice what unrepresented workers obtain.

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An employee from Lebanon, PA, working at a call center for CNA Financial Corporation, sustained a work injury described as “neck, low back, wrist, low back surgery” in August 2011, which the insurance carrier, CNA Claim Plus, accepted. The insurance carrier filed a Termination Petition in April 2013 alleging that injured worker was fully recovered from her work injury based upon the IME opinion of Dr. S. Ross Noble. We filed a prospective Utilization Review Request regarding the proposed surgical implantation of a neuro stimulator to the injured workers’ low back. The UR was found unreasonable and we filed a Petition for Review of the UR Determination Petition. The employee continued to receive wage loss benefits during litigation. The case ultimately settled for $175,000 via a compromise and release.
The law firm of Calhoon & Associates represents injured workers Disability throughout Pennsylvania, including but not limited to, Altoona, Harrisburg, Pottsville, Allentown, Reading, Bloomsburg, Easton, Bethlehem, Norristown, Bristol, Williamsport, State College, Wilkes-Barre, Scranton, Lancaster, Waynesboro, York and all cities in Bucks County, Chester County, Columbia County, Dauphin County, Delaware County, Lackawanna County, Lancaster County, Lebanon County, Lehigh County, Luzerne County, Lycoming County, Montgomery County, Monroe County, Montour County, Northampton County, Northumberland County, Philadelphia County, Pike County, Schuylkill County, Wyoming County and York County, PA. Our offices are located at 2411 North Front Street, Harrisburg, PA and 14 North Main Street, Suite 300, Chambersburg, PA, and we can arrange for meeting locations at law offices throughout the State.
Calhoon & Associates
2411 North Front Street
Harrisburg, PA 17110
1-877-291-9675

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An employee from Elizabethtown, PA, working as delivery driver for Continental Floral, sustained a work injury described as a left shoulder sprain in October 2012 which the insurance carrier, Argonaut Insurance Co., accepted. We filed a Review Petition requesting recalculation of the injured worker’s average weekly wage and compensation rate because the insurance carrier failed to properly include all of his pay including full salary, bonuses and per diem pay. The parties entered into a Stipulation in which the insurance carrier agreed that the average weekly wage should be changed from $876.62 to $1,153.71 and the compensation rate should be changed from $584.41 to $769.14. The insurance carrier had the injured worker attend an independent medical examination with Dr. Sanjiv Naidu and the IME physician reported that he had sustained a resolved left shoulder cuff tear. The insurance carrier then filed a Termination Petition based on the IME Report. While the Termination Petition was being actively litigated, the case ultimately settled for $137,500 via a compromise and release.
The law firm of Calhoon & Associates represents injured workers Disability throughout Pennsylvania, including but not limited to, Altoona, Harrisburg, Pottsville, Allentown, Reading, Bloomsburg, Easton, Bethlehem, Norristown, Bristol, Williamsport, State College, Wilkes-Barre, Scranton, Lancaster, Waynesboro, York and all cities in Bucks County, Chester County, Columbia County, Dauphin County, Delaware County, Lackawanna County, Lancaster County, Lebanon County, Lehigh County, Luzerne County, Lycoming County, Montgomery County, Monroe County, Montour County, Northampton County, Northumberland County, Philadelphia County, Pike County, Schuylkill County, Wyoming County and York County, PA. Our offices are located at 2411 North Front Street, Harrisburg, PA and we can arrange for meeting locations at law offices throughout the State.
Calhoon & Associates
2411 North Front Street
Harrisburg, PA 17110
1-877-291-9675

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Roy from Lebanon, PA, working as a truck driver for Labor Ready, sustained a work injury described as a low back sprain and strain in June 2011, which the insurance carrier, Chartis Claims, accepted. We filed a Review Petition seeking to have the accepted description of injury be amended to include a fracture of T-12. The employee continued to receive wage loss benefits while his case was being litigated. During litigation, the case ultimately settled the future PA Workers’ Compensation benefits for $178,500 via a compromise and release.

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The short answer is no. There is nothing in the Pennsylvania Workers Compensation law, regulations or case law requiring an injured worker to resign as part of a settlement. However, employers usually want a resignation. In fact, it is frequently what they want the most and are willing to pay extra for it. If you have been injured in a work accident, you are damaged goods from the employers point of view. Frequently, they will dangle a settlement of the Workers Comp case in front of you and then literally at the last minute (at the settlement approval hearing) demand that you sign a letter of resignation waiving all claims. You can and should take the position that a letter of resignation is worth money and that the employer should pay for it. You want to make sure that your lawyer demands and gets a copy of the settlement documents and copies of any ancillary documents (such as a letter of resignation) well in advance of the hearing. For example, a resignation can be worded in a way that permits you to collect unemployment compensation after the workers’ compensation settlement hearing and after the settlement is approved by a Pennsylvania Workers’ Compensation Judge.

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He Took Charge & This Is The Man You Want

It was good to have the right guy in my corner. He took charge of the whole situation and every one I had to deal with knew who he was and didn’t play games with me. We settled for an amount that was acceptable and he made sure it arrived in a timely manner. If you need a worker’s comp lawyer this is the man you want backing you up. Richard Wilkes-Barre, PA March 2016

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A Union carpenter from Camp Hill, PA, working for Enerfab, Inc., sustained a work injury described as a left pinky fracture in December 2011 which the insurance carrier, Continental Casualty Company, accepted. We filed a Reinstatement Petition because the injured worker was laid off from work in January 2013 while under work restrictions due to his work injury. The parties entered into a Stipulation where the insurance carrier reinstated the injured worker’s temporary total disability wage loss benefits. The insurance carrier had the injured worker attend an independent medical examination and the IME physician reported that the injured worker’s diagnosis was limited to loss of use of right small finger open P1 fracture and posttraumatic stiff of PIP joint and that he had reached maximum medical improvement; that he could not perform the essential duties of his job without accommodations and that he lost specific use of his right small finger. The Defendant filed a petition seeking to have the injury limited to a specific loss of the finger. If successful, that would have stopped his compensation benefits as he had already received more weeks than is allowed for the loss of a finger under Pennsylvania (PA) workers’ compensation law. We filed a Review Petition in August 2013 to have the description of injury amended to include an injury to the left ring finger, and anxiety. We sought ongoing wage loss since 1) he had not lost compete loss of the finger and 2) he had other injuries/disability besides the one finger. The judge denied supersedes so the weekly benefits continued while we litigated. While the case was being actively litigated and after both doctors testified, the future benefits were settled for $153,000 via a compromise and release.
The law firm of Calhoon & Associates represents injured workers Disability throughout Pennsylvania, including but not limited to, Altoona, Harrisburg, Pottsville, Allentown, Reading, Bloomsburg, Easton, Bethlehem, Norristown, Bristol, Williamsport, State College, Wilkes-Barre, Scranton, Lancaster, Waynesboro, York and all cities in Bucks County, Chester County, Columbia County, Dauphin County, Delaware County, Lackawanna County, Lancaster County, Lebanon County, Lehigh County, Luzerne County, Lycoming County, Montgomery County, Monroe County, Montour County, Northampton County, Northumberland County, Philadelphia County, Pike County, Schuylkill County, Wyoming County and York County, PA. Our offices are located at 2411 North Front Street, Harrisburg, PA, and we can arrange for meeting locations at law offices throughout the State.
Calhoon & Associates
2411 North Front Street
Harrisburg, PA 17110
1-877-291-9675

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$150,000.00 Settlement for Rotator Cuff Tear

A auto technician and body frame worker from Lancaster, PA sustained a work injury described as left shoulder rotator cuff tear in January 2013 which the insurance carrier accepted. Without the need for litigation, the future benefits were ultimately settled for $150,000 via a compromise and release.

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$100,000.00 for Right Shoulder Injury

An union employee from York, PA, working in a heavy duty manufacturing position, sustained a work injury described as a right shoulder strain in February 2012, which the insurance carrier accepted. We filed a Penalty Petition because the insurance carrier illegally suspended the injured workers’ wage loss benefits. The insurance carrier had the injured worker attend an independent medical examination and the IME physician reported that the injured worker’s diagnosis could easily be consistent with a frozen shoulder and that she qualified for surgery to repair her shoulder and he placed her under light duty restrictions. The parties entered into a Stipulation in which the insurance carrier reinstated the injured worker’s wage loss benefits and amended the description of injury to include partial thickness tendon tearing / bursal side of the supraspinatus at the myotendinous junction / status partial bursal surface tear trans-tendon repair. The employee later returned to work elsewhere and began receiving temporary partial disability payments from the insurance carrier. The insurance carrier had the injured worker attend another IME with the same physician who reported that the employee’s work injury resulted in a small partial rotator cuff tear and impingement syndrome and that she was not fully recovered and that she had not reached maximum medical improvement. After the injured worker returned to work with a different employer, the insurance carrier filed a Modification Petition to have her benefits stopped. the Judge denied supersedeas and ordered partial to be paid. We then filed a Review Medical Petition because the insurance carrier had failed to pay the employee’s outstanding medical bills and out-of-pocket medical expenses. Sometime much later, the parties entered into a Stipulation which resolved the Modification Petition and ordered the defendant to pay the medical expenses at issue. We later settled the future partial benefits and future medical benefits for $100,000 via a compromise and release.

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$120,000.00 Settlement for Partial Disability Benefits

An employee from New Columbia, PA, working as an electrician, sustained a work injury described as a lower back herniated disc at L4-5 in July 2012, which the insurance carrier accepted. Because he was working at a wage loss, the injured worker was receiving partial disability wage loss benefits when he contacted us and expressed an interest in settling his claim. Without the need for litigation, the case ultimately settled for $120,000 via a compromise and release.

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$160,000.00 Settlement of Low Back Injury

An employee from Fredericksburg, PA, working as an air freight employee and truck driver, sustained a work injury in June 1995, which the insurance carrier accepted as a low back strain. Many years later, the insurance carrier filed a Suspension Petition alleging that the injured worker was offered a suitable job within his restrictions and he refused to return to work. While the case was actively being litigated, the case ultimately settled for $160,000 in wage loss benefits via a Compromise and Release. Do I have to settle my medical as part of a workers compensation settlement in PA? No. Although the injured worker resolved the wage loss portion of his claim, his medical benefits continue to be paid by the insurance carrier per the settlement agreement.

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$184,5000.00 Settlement for Dock Worker

An employee from Shirleysburg, PA, working as a union dock worker for a freight company, sustained a work injury described as a right shoulder strain / sprain in September 2012 which the insurance carrier accepted. The case ultimately settled for $184,500 via a compromise and release.

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$120,000.00 Settlement for Neck Strain

An employee from Three Springs, PA, working as a heavy equipment operator, sustained a work injury described as a cervical strain / sprain in July 2010, which the insurance carrier, Gallagher Bassett Services, accepted. We filed a Review Petition seeking to have the description of the neck injury amended to include a right shoulder injury, carpal tunnel injury and a disfigurement claim. The insurance carrier filed a Termination Petition alleging that the injured worker was fully recovered from his work injury. While the claim was being actively litigated, the case ultimately settled for $120,000 via a compromise and release.

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$205,000 settlement for knee injury

An union employee residing in FL, working as a job steward for a pipeline company, sustained a work injury in PA described as a right knee contusion in March 2014 which the insurance carrier, York Risk Services Group, accepted via a Notice of Temporary Compensation after we had filed a Claim Petition for the injured worker who had also sustained two chipped bones in his right hip and a torn meniscus in his right knee. The parties entered into a Stipulation in which the insurance carrier agreed that the injured workers’ description of injury should include right complex medial meniscal tear, tibial tubercle painful non-union requiring surgery. We later filed a Penalty Petition because the insurance carrier failed to reimburse the injured worker for out-of-pocket medical expenses he incurred due to his work injury. Another Penalty Petition was then filed because the insurance carrier illegally stopped paying the injured workers his wage loss benefits. The insurance carrier reinstated weekly compensation payments. He attended an independent medical examination and the IME physician reported that the injured worker was not 100% fully recovered from his work injury and that he had reached maximum medical improvement. The case ultimately settled for $205,000 via a compromise and release. The settlement check was delivered late and we have a penalty petition seeking penalties a penalty of 50% of the settlement check.

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Rotator Cuff Tear

An union employee from Ashley, PA, working as a supervisor for a youth services group sustained a work injury described as a left shoulder rotator cuff tear in April 2011, which the insurance carrier accepted. The injured worker had returned to work but was later taken back out from work by his physician for a surgery to repair the tear of his rotator cuff. We requested the insurance carrier reinstate the injured workers’ wage loss benefits which the insurance carrier willingly did without the need for litigation. The claim ultimately settled for $145,000 via a compromise and release.

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$185,000 settlement for rotator cuff tear

An employee from Milton, PA, working as a cement truck driver, sustained a work injury described as a right shoulder tear in January 2012, which the insurance carrier accepted. The injured worker contacted us after the insurance carrier contacted him to discuss the settlement of his claim. The case ultimately settled for $185,000 via a compromise and release.

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$165,000.00 Settlement for Neck Injury

A Union employee from Hershey, PA, working for Hershey Entertainment & Resort, sustained a work injury described as a neck strain / sprain in March 2014, which the insurance carrier, Sedgwick, accepted. The injured worker had been working light duty part time under restrictions imposed by her doctor. We filed a Reinstatement Petition in September 2015 because the injured worker was unable to work due to her work injury and her doctor had removed her from work. We then filed a Review Petition to have the injured workers’ description of injury expanded to include the IME physician’s findings and also headaches, restrictions of the esophagus, a cervical scar, dysphagia and brain injury causing cognitive problems. The case ultimately settled for $165,000 via a compromise and release agreement.

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The Notice of Compensation Payable (the “NCP”) is the single most important document is the entire Pennsylvania (PA) Workers Compensation system because:
1. No claim is officially recognized, absent a Judge’s decision, unless and until an NCP is issued. An injured worker could have a WC Claim number and the workers’ compensation carrier may be paying for all medical treatment for the injury; however, if three years goes by and the Notice of Compensation has not been issued, the injured worker may be out of luck with no legal recourse. Generally, payment of medical expenses does NOT admit there was a work injury! No NCP, means no official claim, which means no legal protection for the injured worker.
2. The Notice of Compensation Payable contains a Description of Injury filled out by the insurance adjuster early in that claim. Insurance Adjusters deliberately fill out the description of injury to benefit the insurance company by limiting liability. Example: Jane Smith is injured on January 1, 2012. The injury is to her entire left upper extremity as shown in the medical records. The WC Insurance Adjuster fills out the Notice of Compensation Payable Description of Injury as “ Wrist/elbow strain” Jane is getting paid workers comp and her medical bills are being paid. Jane therefore doesn’t pay any attention to the misleading Description of Injury. Four years later, Jane needs serious surgery repair the rotator cuff tear to her shoulder and will miss months of work. All the doctors agree that the shoulder injury results from the work accident. Jane may be out of luck since the Description of Injury in the Notice of Compensation only recognized a wrist injury. The Insurance Company will deny that they have to pay for the shoulder surgery or for lost wages while she recovers form the surgery and attends physical therapy. At best, Jane may have to go through a year of litigation. If she waits too long, she has no recourse no matter that the surgery is related to the work injury.

QUESTION: You mean to tell me that even though I have been paid Workers Comp and my doctors have had their bills paid, I may not have legal protection through WC because one piece of paper wasn’t filled out correctly? ANSWER: Yes, it happens all the time. This type of court case occurs every day. The above fact situation is exactly what this lawyer was arguing in WC Court in Lancaster, PA yesterday. I will quote what the WC defense attorney told me: “ Dr X ( the defense medical expert for hire) is going to say that the shoulder injury doesn’t result from the work injury. I don’t care what the treating doctor thinks, I can make it really rough for your client. And by the way, her job is going to try and fire her despite her 25 years service because she is missing time from work for an injury not recognized by the NCP.”

There are three different types of this important Notice of Compensation Payable form:

1. The Notice of Compensation Payable: This is issued by the workers’ comp insurance company within 21 days of the first day off work unless the claim is denied in writing. An insurance company violates the law if they don’t accept or deny a claim within 21 days of the first day of disability. REMEMBER that a claim is ONLY accepted through means of a Notice of Compensation Payable although in a minority of cases, a carrier will use an Agreement for Compensation form. An NCP is an open ended document; WC must be paid until the case is closed by Judge’s Order, or Notice Stopping Compensation based on a Return to Work, by Supplemental Agreement signed by the injured worker, or by a settlement approved by a workers’ compensation judge.
2. A Temporary Notice of Compensation Payable: The accepts liability for 90 days after which time the document converts into a regular NCP or is denied. If PROPERLY denied, the case has never been accepted and the injured worker must file a Claim Petition within 3 years of the date of injury.
3. A Medical-Only Notice of Compensation Payable. This means that the insurance company is ONLY agreeing to pay medical bills “on their face related to the Description of Injury on the Notice of Compensation Payable”. If the injured workers wants wage loss workers comp benefits, a Petition must be filed within three years of the date of injury unless an amended NCP is issued.

Here are the steps injured workers in Pennsylvania WC cases must take to protect their rights:
1. If no NCP is issued, a Claim Petition must be filed within three years of the date of injury
2. If a TNCP is issued, the injured worker should get appropriate legal advice; there are complicated rules which apply here. Any Denial must follow certain rules, for example, a Denial must be issued within 5 days of the last WC check issued. A Petition for Reinstatement or Claim Petition may need to be filed.
3. The Description of Injury contained in any Notice of Compensation should a) describe all body parts injured and b) contain the correct medical diagnosis. For example, “ruptured cervical disc at C5/C6” is better than “neck strain” if the injured worker wants neck surgery and the wage loss/disability therefrom paid for by WC. As a general rule of thumb, a Petition to Review the Description of Injury should be filed within three years of the Date of Injury. This time limit may not apply in all cases.

If you find any of this confusing, give us a call and we will advise you at no cost. The law firm of Calhoon & Associates represents injured workers Disability throughout Pennsylvania, including but not limited to, Altoona, Harrisburg, Pottsville, Allentown, Reading, Bloomsburg, Easton, Bethlehem, Norristown, Bristol, Williamsport, State College, Wilkes-Barre, Scranton, Lancaster, Waynesboro, York and all cities in Bucks County, Chester County, Columbia County, Dauphin County, Delaware County, Lackawanna County, Lancaster County, Lebanon County, Lehigh County, Luzerne County, Lycoming County, Montgomery County, Monroe County, Montour County, Northampton County, Northumberland County, Philadelphia County, Pike County, Schuylkill County, Wyoming County and York County, PA. Our offices are located at 2411 North Front Street, Harrisburg, PA and we can arrange for meeting locations at law offices throughout the State.
Calhoon & Associates
2411 North Front Street
Harrisburg, PA 17110
1-877-291-9675

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Matthew was by far the best attorney anyone could ask for. He answered my calls every single time. Never was there any complications, concerns or worries. Matthew was upfront, honest, polite,and generally concerned about my well being. The company we sued was arrogant and tried everything to discourage me, Matthew was right there supporting me when I wanted to give. If I were ever injured again I would call him instantly. We even stayed in touch after our hearing. Best thing I ever did was call. Please do so, you won’t be dissatisfied. By the way I had carpal tunnel and cleared $60,000 after their share.

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A Union employee from Steelton, PA, sustained a work injury described as a low back aggravation of pre-existing DDD L1 – L4 in May 2011 which the insurance carrier, ESIS, accepted and weekly checks were paid until after the December 2015 settlement was reached. The case ultimately settled for a lump sum cash payment of $296,000.00. Including the settlement, the injured worker received over $747,000.00 in benefits. For a free, no obligation review of the value of your case, feel free to contact us.
The law firm of Calhoon & Associates represents injured workers Disability throughout Pennsylvania, including but not limited to, Altoona, Harrisburg, Pottsville, Allentown, Reading, Bloomsburg, Easton, Bethlehem, Norristown, Bristol, Williamsport, State College, Wilkes-Barre, Scranton, Lancaster, Waynesboro, York and all cities in Bucks County, Chester County, Columbia County, Dauphin County, Delaware County, Lackawanna County, Lancaster County, Lebanon County, Lehigh County, Luzerne County, Lycoming County, Montgomery County, Monroe County, Montour County, Northampton County, Northumberland County, Philadelphia County, Pike County, Schuylkill County, Wyoming County and York County, PA. Our offices are located at 2411 North Front Street, Harrisburg, PA and 14 North Main Street, Suite 300, Chambersburg, PA, and we can arrange for meeting locations at law offices throughout the State.
Calhoon & Associates
2411 North Front Street
Harrisburg, PA 17110
1-877-291-9675

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$209,895.68 Workers’ Comp Settlement

$209,895.68 settlement
An employee from Harrisburg, PA, working as a sales representative for Comcast, sustained a work injury described as a right side of face contusion in June 2014 which the insurance carrier, Liberty Mutual, accepted and began paying weekly wage loss benefits. We filed a Review Petition to have the accepted description of injury be amended. The case ultimately settled for $209,895.68 via a compromise and release. For a free, no obligation review of the value of your case, feel free to contact us.
The law firm of Calhoon & Associates represents injured workers Disability throughout Pennsylvania, including but not limited to, Altoona, Harrisburg, Pottsville, Allentown, Reading, Bloomsburg, Easton, Bethlehem, Norristown, Bristol, Williamsport, State College, Wilkes-Barre, Scranton, Lancaster, Waynesboro, York and all cities in Bucks County, Chester County, Columbia County, Dauphin County, Delaware County, Lackawanna County, Lancaster County, Lebanon County, Lehigh County, Luzerne County, Lycoming County, Montgomery County, Monroe County, Montour County, Northampton County, Northumberland County, Philadelphia County, Pike County, Schuylkill County, Wyoming County and York County, PA. Our offices are located at 2411 North Front Street, Harrisburg, PA and 14 North Main Street, Suite 300, Chambersburg, PA, and we can arrange for meeting locations at law offices throughout the State.
Calhoon & Associates
2411 North Front Street
Harrisburg, PA 17110
1-877-291-9675

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Corrections Officer Wins $142,500.00 Settlement

A union employee from  Thompsontown, PA,  working as a sergeant corrections officer at a prison, sustained a work-related injury in December 2013, which the insurance carrier, Inservco Insurance Services, accepted as a left knee anterior cruciate ligament tear.  In March 2015, the insurance carrier issued a Notice of Suspension indicating that the injured worker returned to work at earnings equal or greater to his time-of-injury earnings and we filed an Employee Challenge Petition.  In reality, the injured worker had never ever received any compensation alleging administrative leave pay negated the obligation to pay compensation.  Since administrative leave pay was less then the time of injury A.W.W. we sought workers’ compensation wage loss benefits. The insurance carrier then filed a Suspension Petition alleging that the injured worker had returned to work at regular wages and was not entitled to partial disability benefits for his work injury.  Then, in further litigation, we filed a Penalty Petition for the insurance carrier’s failure to pay the injured worker his wage loss benefits which were due to him.  Then the insurance carrier filed a Review Petition alleging that the injured worker’s disability from the knee was no longer work related.  The injured worker had returned to work working modified duty and we then filed a Review Petition seeking to have him paid partial wage loss benefits due to him for the time periods he worked the modified duty job and for the time he was off work and paid only administrative leave. We won the employee and challenge and past due and ongoing compensation was awarded and paid.  While the rest of the petitions were being actively litigated, the case ultimately settled for a lump sum of $142,500.00 for future benefits via a compromise and release with an additional three months of physical therapy after the date of the settlement hearing.

 

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An employee from Lewisburg, PA, working as a lead man for a home construction company, sustained a work injury in  June 2012 which the insurance carrier, Manufacturers Alliance Insurance Co., accepted as a lumbar strain. We filed a Review Petition to have the accepted description of injury be changed from lumbar strain to traumatic left sacroilitis.  We also filed a Penalty Petition because the insurance carrier failed to pay for related medical bills and had also failed to accept or deny the claim within twenty-one days.  The Review and Penalty Petitions were later resolved when the parties entered into a Stipulation and the description of injury was amended as requested.  The employee continued to receive wage loss benefits.   Subsequently, we obtained a settlement of $110,000 via a compromise and release. 

For a free case evaluation as to what your case is worth, feel free to contact us at 1-877-291-9675.

The law firm of Calhoon & Associates represents injured workers Disability throughout Pennsylvania, including but not limited to, Altoona, Harrisburg, Pottsville, Allentown, Reading, Bloomsburg, Easton, Bethlehem, Norristown, Bristol, Williamsport, State College, Wilkes-Barre, Scranton, Lancaster, Waynesboro, York and all cities in Bucks County, Chester County, Columbia County, Dauphin County, Delaware County, Lackawanna County, Lancaster County, Lebanon County, Lehigh County, Luzerne County, Lycoming County, Montgomery County, Monroe County, Montour County, Northampton County, Northumberland County, Philadelphia County, Pike County, Schuylkill County, Wyoming County and York County, PA. Our offices are located at 2411 North Front Street, Harrisburg, PA and 14 North Main Street, Suite 300, Chambersburg, PA, and we can arrange for meeting locations at law offices throughout the State.

Calhoon & Associates
2411 North Front Street
Harrisburg, PA 17110
1-877-291-9675

 

 

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On September 18, 2015 Commonwealth Court rendered a decision in Protz v WCAB Derry Area School District), whereas the Court found the language in Section 306(a)(2) of the Pennsylvania Workers’ Compensation Act was an unconstitutional delegation of legislative authority to a non-governmental entity. More specifically, the Court was referencing the language in the Act that stated impairment ratings are to be done under the most recent edition of the AMA guidelines. According to the Commonwealth Court the General Assembly in this section has failed to prescribe any intelligible standards to guide the AMA’s determination regarding the methodology to be used in grading impairments. Section 306 (a) (2) is devoid of any articulations of public policy governing the AMA, and of adequate standards to guide and restrain the AMA’s exercise of delegated determinations by which physicians and WCJ’s would be bound beyond the 4th edition of the AMA guidelines.

In light of said Decision, injured workers that have an I.R.E. rating less than 50% under any guide other than the 4th edition should file a Review Petition requesting that the IRE be vacated and requesting disability status should be reverted back to total disability pending an impairment recalculation being performed based upon the Guides to the Evaluation of Permanent Impairment 4th Edition. 

The law firm of Calhoon & Associates represents injured workers throughout Pennsylvania, including but not limited to, Altoona, Harrisburg, Pottsville, Allentown, Reading, Bloomsburg, Easton, Bethlehem, Norristown, Bristol, Williamsport, State College, Wilkes-Barre, Scranton, Lancaster, Waynesboro, York and all cities in Bucks County, Chester County, Columbia County, Dauphin County, Delaware County, Lackawanna County, Lancaster County, Lebanon County, Lehigh County, Luzerne County, Lycoming County, Montgomery County, Monroe County, Montour County, Northampton County, Northumberland County, Philadelphia County, Pike County, Schuylkill County, Wyoming County and York County, PA. Our offices are located at 2411 North Front Street, Harrisburg, PA and 14 North Main Street, Suite 300, Chambersburg, PA, and we can arrange for meeting locations at law offices throughout the State.

Calhoon & Associates
2411 North Front Street
Harrisburg, PA 17110
1-877-291-9675

 

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A truck driver, sustained a work injury described as a left upper extremity fracture with radiculopathy in June 2014, which the insurance carrier, CCMSI, accepted.  The insurance carrier issued a Notification of Suspension alleging that the injured worker had returned to work at earnings equal to or greater than his time-of-injury earnings and we filed an Employee Challenge Petition regarding the suspension.  The case ultimately settled for a lump sum of $150,000 via a compromise and release.  We have represented 100’s of truck drivers and dock workers and know the industry very well. 

An employee who suffers a work injury is entitled to receive workers’ compensation benefits. Under the Pennsylvania Workers’ Compensation Act, the employer is required to have workers’ compensation insurance and you are entitled to prompt payment of medical bills related to the work injury, along with compensation for loss of income and/or loss of use of hearing, vision, and most extremities. An injured worker is entitled to these benefits regardless of who is at fault for the injury and regardless of any pre-existing condition. A Pennsylvania workers’ compensation attorney at calhoon & associates can help determine if you are entitled to Pennsylvania workers’ compensation benefits or receiving inadequate benefits by the workers’ compensation insurance company or employer. Call calhoon & associates at (877) 291-9675 for a FREE, confidential and prompt consultation with one of our attorneys with a proven track record of success. To order your free Book “Seven Deadly Sins That Can Destroy Your Pennsylvania Workers’ Compensation Case”, go to www.workinjuryinpa.com and fill out the complimentary free book request or you can order it through Amazon.com.

 

 

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Matt Kaminsky was amazing he worked above and beyond

Matt Kaminsky was hired when my workmen’s comp. claim was denied.  Matt was amazing he worked above and beyond to get me a settlement that I deserved, and medical bills paid.  I would recommend him for anyone that has been told their medical bills will not be paid because their injury did not happen at work. Melissa, Dauphin, PA

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$223,000.00 Settlement of Lumbar Herniation

An employee from Dillsburg, PA, working as a Harrisburg-area territory manager for Arbor Pharmaceuticals, sustained a work injury described as a low back herniation. We filed a Claim Petition for the injured worker because the insurance carrier, Twin City Fire Insurance Co., had denied his claim. The insurance carrier had the injured worker attend an independent medical examination and the IME physician reported that the injured worker had sustained a work-related lumbar disc herniation at L4-5 and aggravation of pre-existing L4-5 disc herniation.  While the case was being actively litigated, the case ultimately settled for $223,000 via a compromise and release.

The law firm of Calhoon & Associates represents injured workers and those seeking Social Security Disability throughout Pennsylvania, including but not limited to, Altoona, Harrisburg, Pottsville, Allentown, Reading, Bloomsburg, Easton, Bethlehem, Norristown, Bristol, Williamsport, State College, Wilkes-Barre, Scranton, Lancaster, Waynesboro, York and all cities in Bucks County, Chester County, Columbia County, Dauphin County, Delaware County, Lackawanna County, Lancaster County, Lebanon County, Lehigh County, Luzerne County, Lycoming County, Montgomery County, Monroe County, Montour County, Northampton County, Northumberland County, Philadelphia County, Pike County, Schuylkill County, Wyoming County and York County, PA. Our offices are located at 2411 North Front Street, Harrisburg, PA and we can arrange for meeting locations at law offices throughout the State.

 

 

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Calhoon & Associates
2411 North Front Street
Harrisburg, PA 17110
Phone: 717-695-4722
Toll Free: 877-291-WORK (9675)
Fax: 717-695-4988
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Calhoon & Associates
14 North Main Street
Chambersburg, PA 17201
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Office

Calhoon & Associates

2411 North Front Street
Harrisburg, PA 17110
Phone: 717-695-4722
Fax: 717-695-4988

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