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  • The Legal Intelligencer | Commentary

    Courts Finally Taking Unreasonable Contest Counsel Fees Seriously

    November 19, 2020

    Absent the legal mechanism to pursue a bad faith claim against a workers' compensation carrier, one of the only weapons in a claimant's arsenal to discourage the baseless denial of claims is that of the unreasonable contest counsel fee demand.

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    What Tolls the Section 315 Statute of the Workers' Compensation Act?

    August 7, 2020

    very now and again, the Commonwealth Court reports a previously nonprecedential opinion. These newly precedential decisions can sometimes fly under the radar, but they are worth reviewing.

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    Surviving the Workers' Comp Practice During COVID-19

    June 5, 2020

    It goes without saying that like almost every aspect of society, the COViD-19 pandemic has dramatically impacted the practice of workers' compensation in Pennsylvania.

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    Commonwealth Court Addresses NTCP Conversion in 'Simpson'

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    When an NTCP is filed, it often means the injured worker will receive 89 days of workers' compensation benefits along with a subsequent denial for any number of reasons—mostly manufactured.

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    Keeping Your Workers' Comp Client Informed on Mediation

    January 31, 2020

    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.

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    Utilization Reviews Made Available to Ancillary Providers

    January 9, 2020

    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.

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    Court Revisits Undocumented Workers' Entitlement to Workers' Comp

    November 1, 2019

    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.

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    An Unreported Workers' Compensation Case Offers Guidance

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

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    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.

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    Commonwealth Court Revisits Incarceration in Workers' Comp Cases

    June 7, 2019

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