Author Archives: Ira Weinstock
Workers Compensation Hand Injury
Did you suffer a Pennsylvania Workers Compensation Hand Injury? The Following is a series of possible tests that a Doctor may use to determine the extent of your Pennsylvania Workers Compensation hand injury: HAND EXAMINATION Part 1 — Finkelstein’s Test Q: How is the test performed? A: The test is performed with the test… Read More »
Unemployment Benefits after Settlement of Case
Can I collect Unemployment Benefits after Settlement of my Pennsylvania Workers Compensation Case? Answer: YES When a Claimant is considering settling their workers compensation (WC) case, a common question that is raised is whether they will be able to collect unemployment benefits after settlement. There can be two obstacles to collecting unemployment benefits however…. Read More »
Billing Injured Worker under PA Workers Comp
Billing the Injured worker under PA Workers Comp Question: Can a doctor or pharmacy balance bill a patient under PA workers comp? Answer: No. Under the Pennsylvania Workers Compensation Act, there are specific amounts of monies that a medical provider must accept as payment in full for medical treatment. If a medical provider believes… Read More »
Social Media as Concerted Activity—Complaints about Employer
Social Media as Concerted Activity: If I post something about my employer on a social media site, can it get me fired? With the advent of the social media craze and the propensity of participants to share many of the details of their lives, more and more employees have faced discipline and discharge from… Read More »
Weingarten Rights – Right to Union Representation
Weingarten Rights – Right to Union Representation If you are a member of a Union and your employer requests to have an investigatory meeting with you that could reasonably lead to discipline, you have what are called “Weingarten Rights.” In 1975 the United States Supreme Court found that J. Weingarten, Inc., which operated a chain… Read More »
Social Security Disability Benefits Termination
SSI and Social Security Disability Termination of Benefits: What to expect if your case is reviewed? From time to time, recipients of Social Security Disability or Supplemental Security Income benefits may find that the Social Security Administration will review their medical status to determine whether or not they remain disabled. Social Security disability termination… Read More »
Unemployment Comp or Workers Comp—What should you be collecting
PA Unemployment Comp or PA Workers Comp. What should you be collecting? When an employee is injured and considering whether to file for PA Unemployment Comp or PA Workers Comp, the following scenario plays out all too often: Employee: Hey boss, I’ve been running this jack hammer every day for the last three months… Read More »
Attorney Fees under Heart and Lung Act
PA Heart and Lung and PA Workers Comp: 20 percent attorney fee from Pennsylvania Workers’ Compensation Benefits paid for by the Employer Under the Pennsylvania Heart and Lung Act, Police, Fire and State correctional employees who are unable to perform their positions due to a work injury that occurs in the performance of duty… Read More »
Laid Off and Work Restricted—Reinstatement of Workers Compensation Benefits
Reinstatement of Pennsylvania Workers Compensation Benefits for a Laid Off Employee Under Restrictions When injured workers return to work with restrictions following a work injury, the injured worker may be entitled to a reinstatement of Workers Compensation benefits. Some employees return to work in a light duty program with a wage loss and others… Read More »
Hurt at Home—Is an Employee Eligible for PA Worker Comp
A common question asked by injured workers is am I eligible for PA workers comp if I was hurt at home? A relatively recent case has shed additional light an employee’s eligibility for PA Workers Compensation when the employee was hurt at home. In Verizon Pa. v. WCAB (Alston), 900 A.2d 440 (Pa. Cmwlth…. Read More »