Panel Favors Offset of Benefits Based on Pension Contribution

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The Legal Intelligencer

Tuesday, May 1, 2012

A Commonwealth Court panel recently dealt with the question of whether an employer may offset workers' compensation benefits against pension payments when its pension program is taken over by the U.S. government agency that guarantees employees their retirement funds.

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Cross-Examining Defense Vocational Experts in the Personal Injury Setting

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The Legal Intelligencer

Tuesday, May 1, 2012

In my experience, many experts who testify predominantly for the defense have little real-life experience in job placement.

Proposed Legislation Extending Treatment Time Promotes 'Doctor Shopping'

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The Legal Intelligencer

Tuesday, April 17, 2012

Spring is around the corner. And as routinely as one engages in the initial spring cleaning of one's home, once again, the Pennsylvania Chamber of Commerce Workers' Compensation Executive Committee has submitted its latest proposal to further limit the rights of injured workers. This week, we will look at the changes the chamber proposes to make in the managed care arena.

Pa. High Court Grapples With PTSD Benefits for Police

The Legal Intelligencer

Tuesday, April 17, 2012

A lawyer representing a Pennsylvania police state trooper who has post-traumatic stress disorder told the state Supreme Court in Pittsburgh last week that it had the opportunity to break a line of precedent addressing a broad question: Can there be an "abnormal" working condition for police officers?

How Mandating Mediation Changed Workers' Comp in Pa.

The Legal Intelligencer

Tuesday, April 17, 2012

Workers' compensation litigation begins when either an injured worker files a petition seeking benefits, or an employer files a petition seeking to reduce or end its liability to an injured worker.

Change in WCJs Leads to Unpredictable Practice

The Legal Intelligencer

Tuesday, April 17, 2012

In the Commonwealth of Pennsylvania, the regulations relating to Workers' Compensation Acts 44 and 57 give medical providers and employer/insurers the opportunity to appeal adverse administrative determinations of applications for fee review by the Health Care Services Division of the Bureau of Workers' Compensation to a fee review hearing officer. Seven workers' compensation judges (WCJs), located in Philadelphia, Pittsburgh and Lancaster, were recently appointed in the summer of 2011, through the Bureau of Workers' Compensation, to act as hearing officers. In June 2011, the bureau also issued a new form, entitled "Request for Hearing to Contest Fee Review Determination (LIBC-606)," in order to provide a process to appeal decisions of the bureau's health care services division to these newly minted hearing officers. This change in procedure is very significant for practitioners.

Resignation's Lasting Effect on Future Benefits

The Legal Intelligencer

Tuesday, April 17, 2012

This article addresses the complex and sometimes confusing interplay between Pennsylvania workers' compensation benefits and Pennsylvania unemployment compensation benefits and, specifically, what effect a resignation from employment in a workers' compensation claim context may have on a claimant's possible future receipt of unemployment compensation benefits.

A Murky New Standard to Show Claimants Have Retired

The Legal Intelligencer

Tuesday, April 17, 2012

A claimant's voluntary withdrawal from the workforce and its effect on the receipt of workers' compensation benefits had been, until recently, fairly well settled.

The New Workers' Comp Certification:

The Legal Intelligencer

Tuesday, April 17, 2012

When you need surgery on a broken bone, you seek a board-certified orthopedic surgeon. When you get your taxes done, a certified public accountant can provide the specialized experience needed to guide you.

Justices' Split Gives WCJs Discretion in Suspending Benefits

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The Legal Intelligencer

Tuesday, March 20, 2012

The state Supreme Court has come back evenly divided on whether language in the Pennsylvania Workers' Compensation Act requires a workers' compensation judge to deprive an injured worker of medical benefits on top of wage loss benefits when that worker fails to attend a required physical examination after claiming workers' compensation.