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First Post Protz IRE Decision is Helpful

First Post Protz IRE Decision is Helpful

The Commonwealth Court had offered its first interpretation of Protz v. WCAB (Derry Area School District), 161 A.3d 827 (Pa. 2017) (Protz II) in Thompson v. WCAB (Exelon Corporation) No. 1227 C.D. 2016. This decision is helpful to individuals representing claimants. Debra Thompson underwent an Impairment Rating Evaluation in October of 2005. The examining physician found an Read More

No Auto Insurance, but in an Auto Accident?

Pennsylvania law requires the owner of every registered vehicle to maintain at least a minimum level of automobile liability insurance coverage. The law also imposes penalties on those who operate a vehicle without insurance: fines, license suspensions, and reduced rights in civil court. The question arises, however, as to whether or not a negligent driver Read More

Can I sue My Employer for Negligence?

This might be considered a trick question, but it is not. Most Pennsylvania workers know that they are protected by the Worker’s Compensation Act and expect to receive workers’ compensation benefits if injured on the job. However, a claim for workers’ compensation does not involve negligence. This is part of the grand bargain underlying the Read More

Do the Right Thing–Report All Injuries

Under the Pennsylvania Worker’s Compensation Act, an employer has 10 days to notify their insurance carrier of a work-related injury from the date the injury was reported by the injured worker. If you are injured at work no matter how minor, it is very important that you immediately notify your supervisor and insist that an Read More

Calculating Lost Wages Benefits

If you are receiving workers’ compensation benefits, you’re likely bringing home less money than you were when you were working. Unfortunately, workers’ compensation is not designed to pay the exact same amount you were earning before your work-related injury. After an injury, the employer or the workers’ compensation insurance carrier calculates the “average weekly wage” Read More

The Personal Comfort Doctrine

The Workers’ Compensation Act states that an injury must occur in the course of employment and be causally related to the job for the injured worker to receive benefits. An injured worker must show they were engaged in the furtherance of the employer’s business when injured. In other words, the worker must be on the Read More

VA Emergency Mental Health Treatment

As a general rule, Veterans with discharges other than Honorable Discharges face many limitations to their Veterans’ Benefits. One of those limitations is being lifted. Beginning July 5, 2017, all veterans will have access to VA Hospital emergency rooms for mental health treatment. Veterans with mental health issues, such as PTSD, suicidal thoughts, diagnosed mental Read More

Pennsylvania Supreme Court Rules in Favor of Abes Baumann Client in Landmark Workers’ Compensation Case

Ruling Expected to Help Thousands of Injured Workers Secure Greater Disability Benefits The Pennsylvania Supreme Court last week declared a key provision in Pennsylvania’s Workers’ Compensation Act “unconstitutional in its entirety” in its ruling on the case Protz v. Workers’ Compensation Appeal Board. “This is the most significant workers’ compensation ruling in Pennsylvania in the Read More

New Veteran Hotline

Last week, the White House announced a new hotline for Veterans to call with complaints and concerns about the Department of Veterans Affairs. Everything from late payments, delayed or poor medical care, to poor hospital conditions can be reported. As the Military Times reported here, the new hotline is to collect, process, and respond to Read More

PRESIDENT’S BUDGET CUTS VETERANS BENEFITS

The budget proposed by the President increases the VA’s budget by 6%, but it also proposes to cut unemployability benefits for many veterans. Veterans rated at least 60% and unable to work because of their service‑connected disabilities can receive a rating of 100%. These are called Unemployability Benefits. Under this proposed budget, at age 62 Read More