Author Archives: Ira Weinstock
IS YOUR DOCTOR’S TESTIMONY IN A PENNSYLVANIA WORKER’S COMPENSATION SUFFICIENT?
In the recent unreported Commonwealth Court case of Waste Management v. WCAB (Fessler), the Court found that a person who was injured at work via an infection from rat feces and urine was entitled to benefits. In Fessler, the injured worker worked on a garbage truck and noticed a rat and rat feces in… Read More »
What Information Do You Need to Provide to Your Doctor When You’re Injured At Work
When an injured worker files a Pennsylvania workers compensation claim, the injured worker has the burden of presenting unequivocal medical evidence to establish that an injury occurred that it is causally connected to the injured worker’s employment when the injury is not “obvious.” In most cases, the Employer will have their own doctor who… Read More »
NOTICE OF A PENNSYLVANIA WORK INJURY AND THE DISCOVERY RULE
In a recent unreported Commonwealth Court Case, Waste Management v. WCAB (Fessler), the Pennsylvania Commonwealth Court provided an analysis as to whether or not notice was adequately provided for a Pennsylvania work injury. Under Section 311 of the Pennsylvania Workers’ Compensation Act, an employee is required to provide notice to his employer within 120… Read More »
Pennsylvania Supreme Court rules on Course and Scope of Employment in Pennsylvania Workers’ Compensation
In O’Rourke vs. WCAB (Gartland) (10/27/2015), the Pennsylvania Supreme Court published an opinion addressing the “course and scope” of employment prong of a Pennsylvania Workers’ Compensation Case. The case presents an absolutely horrible set of facts. In this case, a mother was paid an hourly wage by a state-funded program called “Accessibilities” under the… Read More »
ARE INJURED WORKERS ALLOWED TO TAKE VACATION WHILE RECEIVING WORKERS’ COMPENSATION BENEFITS?
Answer: Absolutely!! This is the time of the year that many people plan vacations for the holidays to spend time with their families. We receive numerous calls every year inquiring: If I am on Pennsylvania Workers’ Compensation can I go on vacation? There is no reason why an injured worker cannot go on vacation…. Read More »
Happy Birthday Ira!
Happy Birthday Ira! Long time Local 776 attorney Ira Weinstock recently celebrated his 75th birthday and local 776 helped him celebrate by recognizing him at the stewards banquet; presenting him with a clock for his service to the Local Union. Attorney Weinstock began working for Local 776 in 1967. His first case dealt with… Read More »
PENNSYLVANIA WORKERS’ COMPENSATION ACT: WHAT IS AN IMPAIRMENT RATING EVALUATION (IRE) AND WHAT EFFECT DOES THE RECENT CASE OF PROTZ HAVE ON THE VALIDITY OF SUCH EXAMS
If someone in Pennsylvania has an ongoing wage loss workers’ compensation benefit, his or her employer may send the injured worker for an impairment rating evaluation (“IRE”). The IRE exam cannot be requested by the Employer until the individual has received 104 weeks of total disability benefits (2 years), and the IRE request must… Read More »
Pennsylvania Workers Compensation Act: Ways an Insurance Company can reduce or stop your wage loss benefits
If you have sustained a Pennsylvania work-related injury and are receiving wage loss benefits, there are some pitfalls to consider when you are offered work by your employer or accept alternate work with another employer. First, the day you return back to work at equal or more than your pre-injury wage, the insurance carrier… Read More »
How Personal Injury and Workers Compensation Can Work Together
Work related injuries are common, however, many injured workers don’t know that they may have options other than Pennsylvania Workers Compensation when trying to protect their economic loss and livelihood. In Pennsylvania, an injured worker’s employer is generally immune from a traditional civil lawsuit since the law requires the employer to maintain no… Read More »