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Pennsylvania Workers' Compensation Lawyer Blog



Published by Philadelphia Area, Pennsylvania Workers' Compensation Attorneys — Brilliant & Neiman, LLC



Last Build Date: Wed, 21 Feb 2018 16:38:09 +0000

 



The Importance of Selecting the Right PA Workers’ Compensation Lawyer

Wed, 21 Feb 2018 16:38:09 +0000

We have often discussed the importance of winning a case before the Workers’ Compensation Judge (WCJ).  This is because the WCJ is the “ultimate finder of fact.”  Determinations of credibility made by a WCJ cannot be challenged on appeal.  Indeed, appellate courts can only change the decision of a WCJ if there has been an […]



Utilization Review Determination Cannot be Appealed

Mon, 05 Feb 2018 14:57:17 +0000

We have lamented the severe and draconian limits on the ability to challenge Utilization Reviews (URs) on this blog before.  We have seen a case where a healthcare provider sent a treatment summary and talked with the reviewer, and a case where records were actually submitted by the provider, but then returned by the reviewer […]



New Proposed Legislation Could Keep Necessary Medications From Injured Workers in PA

Wed, 31 Jan 2018 21:20:25 +0000

Pennsylvania’s legislators try their best to represent their constituents; I believe this is true the vast majority of times.  But, there are certainly times when the results of their actions are very difficult to reconcile with the best interests of those they have sworn to protect. Currently pending in the PA legislature is House Bill […]



Jobs in Labor Market Survey/Earning Power Assessment Must Actually be Open and Available to Injured Worker in PA Workers’ Compensation

Wed, 24 Jan 2018 14:41:17 +0000

Several years ago, we were excited to tell everyone about the Supreme Court of Pennsylvania decision in Phoenixville Hospital v. Workers’ Compensation Appeal Board (Shoap).  It was this case that made clear workers’ compensation insurance carriers in PA could not simply use a classified “help wanted” ad to reduce every injured worker’s benefits. If a […]



Fatal Claim Benefits in PA Workers’ Comp Not Automatic to Spouse

Tue, 16 Jan 2018 14:37:25 +0000

Among the benefits available under the Pennsylvania Workers’ Compensation Act (Act), are “fatal claim” benefits.  Since these are only relevant for work accidents which involve the death of a worker, these are not things we like to often see.  Unfortunately, sometimes these things do happen, and they are cases which need attention. In addition to […]



The Honorable Paul Baker Retired

Fri, 12 Jan 2018 14:52:57 +0000

As we have previously mentioned, the Pennsylvania Bureau of Workers’ Compensation rarely provides official or formal notice regarding the addition or subtraction of Workers’ Compensation Judges (WCJs) in the Commonwealth.  As usual, it is up to us to point out these changes, from our contact with other attorneys, and from our appearances in the many […]



Injured Worker Cannot “Reinstate” Disability Benefits Never Granted in PA Workers’ Comp

Mon, 08 Jan 2018 14:55:44 +0000

Sometimes odd facts in a Pennsylvania workers’ compensation case make for an odd decision.  Yet, even then, we can often find something of use in that decision.  Seeing how appellate courts approach different situations helps us understand how that may translate to other fact patterns and enable us to better represent injured workers in PA. […]



Is Massage Therapy “Medical Treatment” in PA Workers’ Compensation?

Wed, 03 Jan 2018 18:57:38 +0000

What is “medical treatment”?  Though most folks know that medical treatment for a work injury is covered under the Pennsylvania Workers’ Compensation Act (Act), even the courts seem confused as to what constitutes “medical treatment.”  In some ways, this issue was recently clarified by the Commonwealth Court of Pennsylvania. In Schriver v. Workers’ Compensation Appeal […]



Fact That Injured Employee Unsuccessfully Applies For Jobs In LMS Is Relevant, But Not Dispositive, In PA Workers’ Compensation

Mon, 11 Dec 2017 15:20:39 +0000

One of the tools in the arsenal of the workers’ compensation insurance carrier in Pennsylvania, in their fight to take away benefits from injured workers, is the “Labor Market Survey” (LMS), also known as an “Earning Power Assessment” (EPA).  Once an injured worker in PA has shown an entitlement to workers’ comp benefits, then the […]



Attorney Glenn Neiman Acting as Moderator for Continuing Legal Education Seminar

Mon, 04 Dec 2017 19:51:02 +0000

We are proud when our attorneys are asked to participate in continuing legal education seminars.  Being invited to help educate other lawyers can only be viewed as a tremendous compliment.  And, so we are pleased to relay that one of our attorneys, Glenn Neiman, has been invited by the Workers’ Compensation Section of the Bucks […]