The Pennsylvania Commonwealth Court recently issued a workers’ compensation decision favorable to employers and insurance companies which should reduce litigation on issues related to penalty and reinstatement petitions. The decision also eliminates a procedural loophole often relied upon by injured workers’ attorneys to convert a claim that was thought to have been denied for wage loss benefits into an accepted and compensable claim.
If you do not regularly practice workers’ compensation, you may not be aware that bureau documents, or forms drafted and prescribed by the Department of Labor and Industry (DOL), are the foundation of the workers’ compensation system. There are approximately 80 documents to be managed by insurance claims professionals and defense attorneys when litigating a Pennsylvania workers’ compensation claim. Generally, it is primarily the responsibility of the claims professional (who often handles hundreds of claims in multiple states, each with different rules, laws and procedures) to issue bureau documents in the Commonwealth of Pennsylvania. There can be costly penalties and unintended wage loss and medical exposure if a claims professional incorrectly issues, or fails to issue, proper bureau documentation.
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