In Pennsylvania workers’ compensation, physical and mental injuries are treated very differently. Is that fair? Probably not, but that is the law with which we are left.
A physical injury, like a herniated disc in the neck or back, a
Brilliant & Neiman LLC
Brilliant & Neiman, LLC is a Pennsylvania law firm focused on workers' compensation representation. The firm represents Pennsylvania workers who were injured at work. If you have question regarding the compensation you are entitled under the Pennsylvania Workers' Compensation Act, contact the firm for a free initial consultation. Visit the Web Site of Brilliant & Neiman to learn more.
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CBD Oil is Payable Under PA Workers’ Compensation
By Glenn Neiman
We often have issues regarding whether a particular medical expense is payable by the workers’ compensation insurance carrier. The issue could be whether it is a “medical” treatment at all, whether it is related to the work injury, or whether…
Three Year Statute of Limitations Applies in PA Workers’ Comp With Medical-Only Notice of Compensation Payable
By Glenn Neiman
We are often asked why an injured worker in Pennsylvania needs an attorney. “They know I got hurt on the job,” the injured worker might say, “Why would I need a lawyer?” Well, the Commonwealth Court of Pennsylvania recently issued…
PA Employee Hurt at Work Getting into Work Truck, After Work Day, Not Entitled to Workers’ Comp Benefits
By Glenn Neiman
There are two situations when an employee hurt at work in Pennsylvania is entitled to workers’ compensation benefits. The first, which encompasses the vast majority of cases, is when the employee is “actually engaged in the furtherance of the [employer’s]…
Types of Diagnostic Testing Used for PA Workers’ Compensation Spinal Injuries
By Glenn Neiman
When an injured worker in Pennsylvania hurts his or her spine, there are many diagnostic tests that a doctor may prescribe. Sometimes, the doctors do not fully explain what a test is, or what it may show. We believe that…
Injured at Work in Pennsylvania?
By Glenn Neiman
You are hurt at work. What do you do now? Keep in mind that not every injury is a sudden event, like injuring your low back picking up a box or falling down steps at work. Some injuries are harder…
Injured Worker in PA Must Prove Nonexistence of a Job at Employer
By Glenn Neiman
Since the 1996 changes to the Pennsylvania Workers’ Compensation Act (“Act”) took place, workers’ comp insurance carriers have had the ability to use Labor Market Surveys [LMS] (also known as Earning Power Assessments [EPA]) to reduce or stop the payment…
Injured Worker in Pennsylvania Must Give Notice of Work Injury Within 120 Days
By Glenn Neiman
Under the Pennsylvania Workers’ Compensation Act, an injured worker has 120 days to provide notice of a work injury to his or her employer. If notice is not given within this time, a Claim Petition may be barred. The time…
Description of Work Injury in Claim Petition Matters in PA Workers’ Comp
By Glenn Neiman
When a person is injured at work in Pennsylvania, and the injury is not accepted by the workers’ compensation insurance carrier, the injured worker must file a Claim Petition to seek benefits. Once the Claim Petition is filed, the insurance…
The Opinion of a Medical Expert in PA Workers’ Compensation Need Not Have Magic Words
By Glenn Neiman
To prevail in a PA workers’ compensation case, typically the successful party presents the testimony of a medical expert, whose opinion is accepted by a Workers’ Compensation Judge (WCJ). This expert opinion must be “to a reasonable degree of medical…