Pennsylvania Workers’ Compensation Lawyer Blog

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By: Brilliant & Neiman LLC

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Brilliant & Neiman
Glenn Neiman

Latest from Pennsylvania Workers’ Compensation Lawyer Blog

As more counties across Pennsylvania reach the “Green” phase in the COVID-19 recovery process, attorneys involved in the PA workers’ compensation process were curious to know how this will impact the operations of the Bureau of Workers’ Compensation.  Yesterday, we were advised by the Bureau that, “(t)he designation of counties as ‘green’ does not automatically signal a return to in-person hearings.”  Instead, live, in-person hearings will only be permitted in limited situations.  This will be…
Once an injured worker in Pennsylvania establishes an entitlement to workers’ compensation benefits (when out of work, the benefits are known as “temporary total disability benefits” or TTD), the workers’ comp insurance carrier cannot just stop paying the benefits at its discretion.  This is one of the advantages of the workers’ compensation system in PA. Unless the injured worker settles the case, or agrees that he or she has returned to gainful employment at (or…
Yesterday, our attorneys participated in a webinar dealing with the continuing impact the Novel Coronavirus (COVID-19) is having on the Pennsylvania workers’ compensation system.  We have already participated in hearings using Skype for Business, and understand some Workers’ Compensation Judges (WCJs) are experimenting with the WebX platform.  Zoom had been used on occasion, but apparently some security concerns have rendered that unusable for our purposes. Depending on the case and the situation, some attorneys, and…
This blog does not address Coronavirus (COVID-19) and how it relates to PA workers’ compensation.  Which is good, because I think we are all tired of seeing the words “Coronavirus” or “COVID-19.” Instead, we are looking at a recent decision from the Commonwealth Court of Pennsylvania, wherein the Court looked at the effect of a workers’ compensation insurance carrier issuing a Notice Stopping Temporary Compensation (NSTC) more than five days after the last payment of…
Today, our attorneys participated in a conference call (so as to maintain social distancing) with workers’ compensation attorneys across the State of Pennsylvania, as well as lobbyists, regarding the status of the workers’ comp system in PA as we all deal with the Coronavirus (COVID-19).  We discussed pending legislation in the Pennsylvania House and Senate, as well as how we are all handling cases under the shutdown as ordered by Governor Wolf. There is legislation…
With all of the attention justifiably focused on the fear and severity of the COVID-19 pandemic, it might be nice for us to change gears, and have a blog post that does not mention COVID-19 (well, doesn’t mention it again!). The attorneys at Brilliant & Neiman LLC have always been involved in Bar Associations in the counties in which they practice.  In particular, our attorneys are leaders in the Bucks County Bar Association (BCBA), the…
As we have previously discussed, within the Pennsylvania Workers’ Compensation Act, there lies a trap for unwary injured workers.  Actually, there are many traps in the Act, but for today, we’ll just deal with this one. When a workers’ comp insurance carrier thinks (and this is a critical word) that an injured worker has returned to work, the insurance company can file a Notification of Modification (if there remains a partial wage loss) or…
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We are all struggling through an unprecedented time due to the novel coronavirus (COVID-19).  This global pandemic has infected thousands, and forced the sheltering of millions and closure of businesses across the world (including our offices).  In Pennsylvania, hundreds have already been infected, with experts predicting the spread to get worse, before it gets better. This condition attacks the respiratory system, and can cause grave bodily harm, especially in those particularly vulnerable.  Disability,…
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By now, most Pennsylvanians have heard that Governor Tom Wolf has ordered all non-life-sustaining businesses in PA to close their physical locations, as of 8:00 p.m. on March 19, 2020.  Along with this announcement, the Governor’s office released a list of what businesses qualify as “life-sustaining.”  Law firms are specifically excluded from this list.  Obviously, we all want to see the end of the Coronavirus pandemic, and we all must do our part.  As…
Since last week, there have been several additional cancellations and closures in the PA workers’ compensation system due to the Coronavirus pandemic.  All Bureau of Workers’ Compensation Hearing Offices in Pennsylvania remain technically open, other than Dresher, Bristol, Harrisburg, Malvern, and Upper Darby.  However, many Workers’ Compensation Judges across the Commonwealth have cancelled his or her hearings. In addition to the impact on the various workers’ compensation hearing offices, we have been informed that, “Due…