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How Mandating Mediation Changed Workers’ Comp in Pa.
The Legal Intelligencer
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. Since 2006, every case in which a petition has been filed must be scheduled for mandatory mediation unless the presiding judge deems mediation to be futile. Full Text


The New Workers’ Comp Certification: Breaking Ground for the Pa. Bar Association
The Legal Intelligencer
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. But what happens when you want an attorney with very specific expertise in handling the complex and procedurally unique field of workers’ compensation? Full Text


A Murky New Standard to Show Claimants Have Retired
The Legal Intelligencer
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. Since the Pennsylvania Supreme Court decided SEPTA v. WCAB (Henderson) in 1995, a claimant who voluntarily left the labor market faced a suspension of his or her disability benefits. In order for disability benefits to continue following a retirement, a claimant had to show that he or she was either seeking employment or forced into retirement by a work-related injury. Full Text


Change in WCJs Leads to Unpredictable Practice
The Legal Intelligencer
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. Full Text


Resignation’s Lasting Effect on Future Benefits
The Legal Intelligencer
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. Full Text



Hidden Liability When Using a Variable Workforce

The Legal Intelligencer
April 17, 2012

The rising cost of employees has forced many employers to run their companies with staffing as lean as possible. To cut costs while meeting production and service needs, many employers have turned to the use of a variable workforce. Full Text