Don’t Sign Blank Medical Authorizations
In Pennsylvania Workers’ Compensation, once your claim has been accepted by the insurance company, the defendant’s insurance company is entitled to have you examined two times per year. These exams are called Independent Medical Evaluations. Occasionally, the workers’ compensation claims adjuster will send medical authorizations to you at your home. They want to check on Read More
Retaliatory Discharge for Filing Workers’ Compensation Claim
If you file a claim for workers’ compensation benefits and your employer fires you, you may have a claim for retaliatory discharge. To do so you must establish a “prima facie” case of retaliation. This means you must prove the following: You were engaged in a protected activity (you were properly performing your job); your Read More
We’re proud to announce a major award for one of our partners
Everyone at Abes Baumann congratulates Ed Abes on being inducted as a Fellow of The College of Workers’ Compensation Lawyers at their twelfth annual induction dinner on March 3, 2018 in Nashville. Ed joins his partner Tom Baumann as a fellow, an honor which has been established to recognize attorneys who have distinguished themselves in Read More
FIGHTING TO PROTECT YOUR MEDICAL CARE
In a shocking revelation, CNN recently reported that a medical director for Aetna Insurance made decisions on patient care without reviewing medical records. The story claims that, per a deposition given by the doctor in a lawsuit, decisions are made based on medical reviews and recommendations of nurses. This is why Abes Baumann is committed Read More
Major changes are coming to PA’s workers’ comp system – unless you act now!
SB 936, sponsored by Chairman of the Senate Insurance Committee Senator Don White (R-Indiana) and championed in the House by Representative Ryan Mackenzie (R-Lehigh), calls for a dramatic change to the state’s workers’ compensation law and is now pending before the House Labor & Industry Committee, This bill will establish a pre-approved list of prescription 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
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
What Benefits am I Entitled to—Part 4 Medical Benefits
When injured at work, an injured worker is entitled to have all of their medical expenses covered by their employer or the employer’s insurance carrier. This includes all medical expenses. The injured worker is not liable for co-pays or any out of pocket expenses. The employer or their insurance carrier must pay for all reasonable 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