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Workers’ Compensation Settlements: Are You Protected Against Future Employment Claims?

Picture this. You have just settled a problem workers’ compensation case and you or your carrier have disbursed settlement checks totaling $100,000 in exchange for a full and complete compromise and release of “any and all...more

Pennsylvania Supreme Court Decision in Protz Marks Major Change in Workers’ Compensation Law

Prior to June 20, 2017, a powerful tool was available to employers and workers’ compensation carriers to cap exposure on long term workers’ compensation claims. That tool, provided by the Act 44 amendments in 1996, was...more

Disciplinary Discharge of Employees on Workers’ Compensation

Employers often shy away from discharging employees for disciplinary reasons when those employees are receiving workers’ compensation benefits, such as in instances where the employee is working a modified duty assignment....more

Are They Coming or Going? Employee Travel Can Trigger Workers’ Compensation Liability

As a general rule, an employee who is injured while commuting to or from work is not entitled to workers’ compensation benefits, as the injuries are not deemed to be “in the course and scope of employment” by virtue of the...more

Employer Liability for Injuries Sustained by Temporary Agency Workers

The use of temporary employees provided by agencies that supply laborers, secretaries, nurses or other skilled or unskilled workers to the public and private sector is increasing. Employers who use these temporary agency...more

Update on Impairment Rating Examinations in Workers’ Compensation Cases

Since 1996, Section 306(a.2) of the Workers’ Compensation Act has offered a framework for litigating long term exposure to temporary total disability (“TTD”) benefits, through the use of impairment rating evaluations...more

OSHA Finalizes New Workplace Injury Reporting Rule

On May 11, 2016, the Occupational Safety and Health Administration (“OSHA”) finalized a recordkeeping and reporting rule that will require covered employers to take the additional step of electronically submitting to OSHA,...more

Workers' Compensation Update: Recouping Workers' Compensation Costs In A Subsequent Medical Malpractice Case

Suppose an employee with a work-related knee injury needs a total knee replacement. During surgery, however, the popliteal artery is inadvertently severed, leading to a medical malpractice claim against the operating doctor...more

Workers' Compensation Update Impairment Rating Evaluations

Last Friday, September 18, the Commonwealth Court issued an interesting decision invalidating Section 306 (a.2) of the PA Workers' Compensation Act dealing with Impairment Rating Evaluations (IREs), as an unconstitutional...more

Understanding Workers’ Compensation Mental Injury Claims: Part 3

In Part 1 of this post, we explored the three types of work related mental injury claims addressed by the Pennsylvania Workers’ Compensation Act. In Part 2, we discussed how courts are increasingly easing the burden of...more

6/26/2015  /  Mental Illness , Workplace Injury

Understanding Workers’ Compensation Mental Injury Claims: Part 2

In Part 1 of this blog post, we explored the three legal classifications of potentially work related mental injury claims addressed under the Pennsylvania Workers’ Compensation Act: physical/mental, mental/physical, and...more

6/25/2015  /  Mental Illness , Workplace Injury

Understanding Workers’ Compensation Mental Injury Claims: Part 1

Mental injury claims, often stemming from workplace stressors, are on the rise and can create major headaches for employers. Understanding the relationship between stress in the workplace and resulting mental and physical...more

6/23/2015  /  Work-Induced Stress

How To Win Your Workers’ Compensation Case

There are many opportunities to reduce workers’ compensation liability exposure both before and after litigation commences.  Indeed, one of the best strategies for reducing costs is to develop a culture of “safety” in the...more

Workers' Compensation Update: "Economic Circumstances" and "Fellow Employee"

One tool available to employers to limit workers' compensation benefit payments is the so called "fellow employee" limitation. In general, absent a full recovery from a work-related injury, an employer is obligated to pay...more

Recent Workers' Compensation Cases Focus on "Going and Coming" Rule

As a general rule, an employee is deemed not to be "in the course and scope of employment" and is therefore not entitled to workers' compensation benefits, while commuting to and from work. This is known as the "going and...more

Workers' Compensation: Advantages of Self-Insurance

Employers in Pennsylvania can often benefit from self-insuring their workers' compensation plan, rather than simply opting for carrier based coverage year after year. The advantages of self-insurance include the following...more

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