Occupational diseases and occupational hearing loss are complicated areas of workers’ compensation law. The fact that these injuries do not seem to have an easily ascertainable starting date may seem like a problem for an Employee but the law is generous in these situations. The Date of Injury is determined…
You need to carefully read and get legal advice on the “fine print” of the Long Term Disability (LTD) policy and you need to find out whether you paid the premium, the employer paid the premium or both paid. The WC insurance company is entitled to take a credit (deduction)…
On August 8, 2008, Fred Howe (name changed for this blog) suffered a work injury to the left ankle while loading a lawn mower onto a trailer. He was employed by Strange & Associates. The workers’ compensation carrier, Selective Insurance Company, accepted liability for the work injury by issuing a Notice…
Did you know that the Washington State Department of Labor and Industry recently did a study on the link between certain careers, an employee’s obesity and potential to be a smoker? Truckers, movers, firefighters and policemen and women are the most likely to be obese. Doctors, teachers and scientists are…
As workers’ compensation attorneys who only represents injured workers, we have had numerous clients call in a panic because brick and mortar pharmacies would not fill their prescription due to the fact that the insurance adjuster was not available to approve it or the adjuster denied pre approval for whatever…
What follows is a guide on the basics of obtaining payment for medical bills in Pennsylvania workers’ compensation matters. Medical billing in workers’ compensation matters can be an unfamiliar and uncertain task. What is the process? What forms are to be used? What happens if payment is not timely or…
Under the Pennsylvania Workers’ Compensation Act and applicable case law, a non-U.S. citizen who is not eligible to lawfully work in the United States (undocumented worker) is permitted to receive workers’ compensation benefits if they are injured at work. However, in order to continue to be entitled to wage loss…
Whether rig rental and other per diem allowances can be included in an average weekly wage calculation is a seldom asked question. Other than board and lodging, they cannot be included, unless it can be shown that the money was available for “personal use”. Section 309(e) of the Act defines…
Here is an example: Commonwealth Of Pennsylvania Department Of Labor And Industry Bureau Of Workers’ Compensation INJURED WORKER : WCAIS NO. 3671809 Claimant : : MODIFICATION PETITION : vs. : : WCJ BRIAN HEMAK DISH NETWORK, : Defendant : HEARINGS HELD: December 17, 2013 (Cancelled) January 3, 2014 January 28,…
Many of our Pennsylvania Workers’ Compensation injured workers suffer from chronic pain. This means that their pain is unrelenting and can be described as a non-stop sensation of throbbing pain. Often, this condition is the result of years of medical treatment including steroid injections, physical therapy and surgery, with no…
