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January 31, 2020 | The Legal Intelligencer

Keeping Your Workers' Comp Client Informed on Mediation

Reading the title of this article might lead one to conclude that whatever is discussed is of little importance since everyone likes to believe they know the mediation process inside and out and that they have wonderful relationships with their clients.
7 minute read
January 09, 2020 | The Legal Intelligencer

Utilization Reviews Made Available to Ancillary Providers

As most workers' compensation practitioners are aware, the utilization review process was one of the main aspects of the medical cost containment provisions of the 1993 amendments to the Workers' Compensation Act.
6 minute read
November 01, 2019 | The Legal Intelligencer

Court Revisits Undocumented Workers' Entitlement to Workers' Comp

Earlier this month, the Pennsylvania Commonwealth Court reported the decision of Bryn Mawr Landscaping v. Workers' Compensation Appeal Board (Cruz-Tenorio), which brought the issue of injured, potentially undocumented workers back into focus.
7 minute read
October 11, 2019 | The Legal Intelligencer

An Unreported Workers' Compensation Case Offers Guidance

In what has become an interesting if somewhat inexplicable trend at the Pennsylvania Commonwealth Court, the court issued a nonprecedential (unreported) case.
6 minute read
August 01, 2019 | The Legal Intelligencer

Revisiting 'Sadler'—Taking a Look at the Average Weekly Wage Issue

Given the significance of the court's holding on the average weekly wage issue, reviewing the case again in light of the average weekly wage issue is warranted.
6 minute read
June 07, 2019 | The Legal Intelligencer

Commonwealth Court Revisits Incarceration in Workers' Comp Cases

There are few instances where an employer can take self-help measures to suspend compensation benefits of an injured worker, without a judge's approval or some other competent authority directing the action. Incarceration following a conviction is one of them.
5 minute read
April 05, 2019 | The Legal Intelligencer

NTCP Technicalities Continued—Practitioners Need to Do the Math

The use of the NTCP has been so abused, that it is essentially the only “accepting” document that is ever filed anymore.
8 minute read
March 08, 2019 | The Legal Intelligencer

Domestic Service Workers Revisited in Case Involving In-Home Caretaker

While workers' compensation coverage is generally mandatory for most employers under the Pennsylvania Workers' Compensation Act, there are certain classes of employers who are exempted from providing workers' compensation insurance.
5 minute read
January 04, 2019 | The Legal Intelligencer

New Year's Resolutions Revisited for the Workers' Compensation Practice

In focusing on suggested resolutions for the practice of workers' compensation, it quickly becomes apparent that some resolutions are timeless. While some of the suggestions below have been addressed in this space in the past, they still pose the same challenges now as then, and bear repeating.
5 minute read
December 11, 2018 | The Legal Intelligencer

Right of Action Against a Tortfeasor Remains in the Injured Worker

The issue before the court was whether Section 319 of the Pennsylvania Workers' Compensation Act confers on an employer or its workers' compensation insurance carrier a right to seek reimbursement of a subrogation lien directly against a third-party tortfeasor when the claimant in the workers' compensation matter chooses not to pursue a cause of action against the third party in question.
6 minute read

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