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Tag Archives: PENNSYLVANIA WORKERS’ COMPENSATION ACT

Court Finds Convenience Store Employee Shot in Employer’s Parking Lot Eligible for Pennsylvania Workers’ Compensation Benefits

By Ira H. Weinstock |

In a previous article we discussed the “Going and Coming Rule.” Generally, under the “Going and Coming Rule” injuries sustained while an employee is traveling to and from his place of employment are considered to be outside the course and scope of employment and are, therefore, not compensable under the Pennsylvania Workers’ Compensation Act…. Read More »

DO I HAVE TO SIGN PAPERWORK TO SEE THE COMPANY DOCTOR IN MY PENNSYLVANIA WORKERS’ COMPENSATION CASE?

By Ira H. Weinstock |

Once you are injured at work, you are required to report the injury to your employer. Once you do that you are usually asked to sign paperwork which could include an accident report and/or a panel physician list.  The panel physician list is commonly known as the list of “Company Doctors.”  Normally, an employee… Read More »

UNDER THE PENNSYLVANIA WORKERS’ COMPENSATION ACT, CAN I SEE A CHIROPRACTOR WHEN I GET INJURED AT WORK?

By Ira H. Weinstock |

Under the Pennsylvania Workers’ Compensation Act, an injured employee has a right to medical treatment.   The Pennsylvania Workers’ Compensation Act requires that the employer have a list of six medical providers or “health care providers.”  Under section 109 of the Act, “health care provider” has been defined as follows: Health care provider means any… Read More »

Hearing Loss – The Most Common Work Related Illness in the U.S.

By Ira H. Weinstock |

Work related hearing loss is often overlooked and undetected by employees and employers.  Many workers don’t even realize that work related hearing loss is a compensable injury under the Pennsylvania Workers’ Compensation Act.  The Center for Disease Control (CDC) has found that hearing loss is the third most common chronic physical condition in the… Read More »

Pennsylvania Releases 2016 Workers’ Compensation Rates

By Ira H. Weinstock |

Under the Pennsylvania Workers’ Compensation Act, injured workers are entitled to indemnity (wage-loss) benefits equal to two-thirds of their weekly wage for a work-related injury. However, there are minimum and maximum adjustments provided in the Act, and the benefit rate is set using the annual maximum in place at the time of injury. The… Read More »

PENNSYLVANIA WORKERS’ COMPENSATION ACT: REPORTING YOUR INJURY

By Ira H. Weinstock |

Pursuant to Section 311 of the Workers’ Compensation Act, you must report your work injury to your employer within 120 days of that injury. There has been much confusion and litigation over what constitutes notice of the injury. Before the Pennsylvania Supreme Court in Gentex Corporation v. WCAB (Morack), 23 A.3d 528 (Pa. 2011),… Read More »

IS YOUR DOCTOR’S TESTIMONY IN A PENNSYLVANIA WORKER’S COMPENSATION SUFFICIENT?

By Ira H. Weinstock |

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 »

NOTICE OF A PENNSYLVANIA WORK INJURY AND THE DISCOVERY RULE

By Ira H. Weinstock |

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 WORKERS’ COMPENSATION ACT: WHAT IS AN IMPAIRMENT RATING EVLAUATION (IRE) AND WHAT EFFECT DOES THE RECENT CASE OF PROTZ HAVE ON THE VALIDITY OF SUCH EXAMS

By Ira H. Weinstock |

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 »

Ira H. Weinstock, P.C. is located in Harrisburg, PA and serves clients in and around Central Pennsylvania. Contact our experienced Harrisburg attorneys today, we can travel if necessary.

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