ZUber v. Boscovs–A Lesson in Completeness
In Pennsylvania, if an injured worker and his employer wish to settle a workers’ compensation claim, they must do so with a document known as a Compromise & Release Agreement (C&R). The C&R is typically prepared by the attorney that represents the insurance carrier. The injured worker’s attorney then reviews the C&R and makes any Read More
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
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
The Consumption of Alcohol Is Not Always Admissible at Trial
It is perfectly legal for a driver over the age of 21 years to drink and drive in the Commonwealth of Pennsylvania! That may come as a surprise to people, given the popular admonishment, “Don’t Drink and Drive!” In reality, there is a prohibition only against driving while under the influence of alcohol to such Read More
A Workers’ Late Notice of the Employer’s Uninsured Status Limits Both Medical and Wage Loss Benefits
In a recent Commonwealth Court Case, the Court held that if an injured worker fails to notify the Uninsured Employers Guaranty Fund (Fund) within 45 days after the injured worker knows that the employer does not have workers’ compensation insurance, the Fund is NOT obligated to provide “compensation” from the date of the injury, but Read More
Who Decides if a Doctor is Lying?
Recently, Abes Baumann argued a case before the Pennsylvania Supreme Court regarding credibility determinations for physicians who perform Impairment Rating Evaluations. In the case of Rhodes vs.WCAB, Tom Baumann argued that the Workers’ Compensation Judge was correct in refusing to convert the claimant’s disability benefits from total disability to partial disability. Under the Worker’s Compensation Read More
Claims Against the King
King! What King? There is no royalty in Pennsylvania, correct? No, there is not. However, when it comes to claims against the Commonwealth of Pennsylvania, or its subsidiaries, our law harkens back to English law, making use of concepts from another age and another society. Just as the King and Queen in England were generally Read More
Impairment Rating Evaluations (Will Supreme Court Rule on their Fairness)
As noted in my last blog entry, many injured workers in Pennsylvania receiving Worker’s Compensation benefits are obligated to undergo an impairment rating evaluation after they have received 104 weeks of total disability benefits. When the Pennsylvania state legislature passed the changes to the Worker’s Compensation act (in 1996), it required such evaluations to be done Read More
The Phantom Insurance Company
We all know that one must have insurance to drive the car. However, when you get in an accident, the other guy might only have minimal insurance. Therefore, Pennsylvania residents have the option of purchasing under-insured motorist coverage (UIM coverage). This coverage is designed to permit you to recover more than the limit of the other guy’s insurance. Read More
“Idiopathic” Falls Are Compensable in PA
“Idiopathic” in medical terms means “unknown cause.” But in the workers’ compensation field, “idiopathic” means “unique to the individual.” Pennsylvania is one of the few states that find an employee who suffers an “idiopathic fall” while on the job, can collect PA workers’ compensation benefits. The two leading cases in PA that granted benefits for Read More