What is a Motion to Compel Physical Examination (IME)?

In Pennsylvania workers’ compensation, Employers have a right to file a Motion to Compel a Physical Examination against an injured worker. These petitions are filed when an injured worker misses an independent medical examination scheduled by the workers’ compensation insurance carrier. Are employers entitled to have an injured worker undergo an Independent Medical Examination (IME)? As I discussed in prior blog posts here, Employers are entitled to have an injured worker undergo an independent medical examination during the pendency of…

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Read more about the article Will a prior work injury hurt my case?
Mooney Law

Will a prior work injury hurt my case?

Many of my clients work in nursing homes, manufacturing facilities, warehouse and distribution centers, trucking terminals, farms, and more labor intensive occupations. In those labor intensive occupations, unfortunately, it is not uncommon to suffer more than one work injury. Just because you had a prior work injury with another employer or even the same employer does not mean you are not entitled to workers’ compensation benefits. That also is applicable for injuries to the same body part, otherwise known as…

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What is a closed period in Pennsylvania workers’ compensation?

Injured workers sometimes here attorneys at workers’ compensation hearings talking about a ‘closed period’? What exactly does a ‘closed period’ mean in Pennsylvania workers’ compensation? This concept of a ‘closed period’ is quite simple in workers’ compensation. When are you eligible for wage loss benefits? When you are out of work due to a work-related injury, you may be eligible for wage loss benefits, otherwise known as temporary total disability benefits. What does out of work mean? It means you…

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When an Employer Sends Signals to Get a Workers’ Comp Attorney

Employers often times send signals when you should get a Workers’ Comp attorney. Let me preface that by saying, once you get hurt at work, you should seek a Workers’ Comp attorney. However, the way an employer responds to the reporting of a work injury should be a red flag to injured workers. What do employers do to injured workers that should be a red flag? First, when an employer refuses to complete an accident report, that is a red…

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PA Workers’ Comp Welcomes Two New Appeals Board Commissioners

The Pennsylvania State Senate recently voted 49-0 to confirm two new executive appointments to the Pennsylvania Workers' Compensation Appeal Board.  The Senate confirmed the appointments of attorneys Gina Cerilli Thrasher and Maura Mundy to the Appeals Board. The Pennsylvania Workers' Compensation Appeal Board is an appellate body under the Pennsylvania Department of Labor & Industry that hears and decides appeals from Pennsylvania Workers' Compensation Judges.  According to the Department's website, the Board nearly 1000 appeals per year and issues more…

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Can Mooney Law Help Me With My Workers’ Comp Case?

Many readers of this blog may wonder if I can help with their workers' compensation case.  Yes, there are locations listed on the header of the blog.  Those are primarily main geographic locations we have physical office locations.  We are a Central Pennsylvania and Northern Maryland law firm. However, it is important to know that Mooney Law can handle workers' compensation cases throughout Pennsylvania.  In fact, I already do. I have represented and still do represent clients in Philadelphia, Pittsburgh,…

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Dog Bite Law: What is Pennsylvania’s Dog Confinement Statute?

We all love our dogs. I know mine means the world to me. However, not all dogs are properly trained, nor are all dog owners responsible, which could lead to liability for a dog owner should the dog cause harm to another. If you have been injured by a dog, you may be entitled to compensation for your injuries. Additionally, it is important for victims to understand that this does not mean just dog bites. It means injury by a…

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What is Mediation in Pennsylvania Workers’ Compensation?

Mediation in Pennsylvania workers’ compensation cases is a process that can be utilized to potentially settle workers’ compensation cases. It is a permanent fixture in Pennsylvania workers’ compensation litigation. Mediation is now mandatory since the 2006 amendments to the Pennsylvania Workers’ Compensation Act. What is the goal of mediation in my workers’ compensation case? The goal of a Pennsylvania workers’ compensation case mediation is to settle workers’ compensation claims.  However, mediation can also be used to narrow issues within the…

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When will my employer file a petition against me in my Pennsylvania workers comp case?

When you are injured at work and receiving wage loss benefits, at some point your employer may file a Termination, Suspension, Modification, Review, or Petition to Compel petition against you. This is a direct threat to your benefits. Your employer has a right to file petitions to challenge your ongoing receipt of benefits. When should you expect the employer to file a petition against you? Below lists common reasons a petition may be filed, although certainly not exhaustive. You underwent…

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PA Supreme Court Reenforces Exclusive Provisions of Workers Comp Act

Pennsylvania workers’ compensation is the exclusive remedy when a person is injured at work. The exceptions are quite narrow to sue the employer outside the remedies provided for within the Pennsylvania Workers’ Compensation Act. A recent Pennsylvania Supreme Court opinion further solidified the exclusivity provisions. In Franczyk v. Homes Depot, No. 11 WAP 2022, a Home Depot employee was bitten by a dog while performing work duties for Home Depot. The crux of the case revolves around the dog bite…

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