Are work restriction notes important in Pennsylvania Workers Compensation?

Work restriction notes from the treating doctor are important to a workers’ compensation case. This can be confusing when an injured worker is out of work or has been terminated from employment. Why would I need a work restriction note if I am not working? Why is a work restriction note important? Under the Pennsylvania Workers’ Compensation Act, work restriction notes are critical to wage loss entitlement. First, an employer has a right to accommodate work restrictions. If the employer…

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Be Wary of Year End Workers Compensation Settlement Offers

Injured workers should be wary of settlement offers made by workers compensation insurance carriers in November and December. Many workers’ compensation insurance carriers like to close out claims by the end of the year. That may mean the workers’ compensation insurance carrier will make a settlement offer to an injured worker to coax them in to settling their claim. If you have been offered a small settlement to close out your workers’ compensation claim, call Mooney Law for a free…

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New Office in Lancaster, PA

Mooney Law just opened a new full-time office in downtown Lancaster, Pennsylvania.  With the firm's Lancaster area clientele growing, the timing was right for the firm to make a strong investment in Lancaster.  The new office is located at 36 East King Street in downtown Lancaster in the well known Cipher Building.  Our office is open Monday through Friday from 8:00 AM to 5:00 PM. I personally have always represented clients who were injured at work in Lancaster.  However, with…

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What is ‘mechanism of injury’ in Pennsylvania workers’ compensation?

A phrase we throw around in workers’ compensation circles is the ‘mechanism of injury’. What exactly does ‘mechanism of injury’ mean in workers compensation cases? Simply put --- mechanism of injury is the manner in which the injury occurred. In other words, how an injured worker was actually injured. If your workers compensation claim is denied and you have to file a claim petition to fight for benefits, you will be asked several questions about the mechanism of injury during…

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Workers Comp Back to Virtual Hearings

On August 16, 2021, the Bureau of Workers' Compensation authorized Workers' Compensation hearings to be back in-person.  Due to the COVID-19 Delta Variant, that lasted just 10 days.  Word has come down from the Pennsylvania Department of Labor & Industry today that all hearings, besides 'essential' hearings, will revert back to virtual hearings, either by phone or video. Back we go to the world of virtual law.

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Joint Replacement and Pennsylvania Workers Comp

Joint replacement surgeries as a result of a work-related injury are not all that uncommon, especially in older workers.  Often times, when an injured worker is recommended for a knee replacement, a shoulder replacement, or a hip replacement, the workers’ compensation claim suddenly becomes a nightmare, with the insurance carrier denying further medical treatment, including the joint replacement surgery.  Knee replacement, shoulder replacement, and hip replacements are by far the most common involving work-related injuries. Knee Replacement Over the years,…

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Why do I have to resign if I settle my workers compensation case?

One of the hard ‘facts’ of a Pennsylvania workers’ compensation settlement is the ‘requirement’ to resign from employment to accept a settlement.  Is it a requirement under the Pennsylvania Workers’ Compensation Act?  No.  It is usually a requirement of the workers’ compensation insurance carrier and/or the employer. Pennsylvania workers’ compensation settlements are done by Compromise and Release Agreements.  They are negotiated with the insurance carrier and employer.  They value each case differently based on a multitude of factors.  You can…

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In Pennsylvania, Seven DO NOTS When Attending an IME

Independent Medical Examinations are frequent in workers compensation cases in Pennsylvania.  Just a few quick words about an IME.  First, they are not ‘independent’ exams.  These are exams scheduled by the workers’ compensation insurance carrier, with a doctor they choose, and scheduled most often for very specific reasons.  Those reasons may include attempt to get a full recovery opinion, to deny medical treatment, or to return the injured worker back to work.  You can read more about IMEs right here.…

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What happens if my employer has no workers compensation insurance?

Unfortunately, I still get calls from clients who were injured at work, but their employer advised they cannot file for workers compensation benefits because they do not have workers compensation insurance.  Then what? First, that is not correct.  If you are an employee and have been injured at work, then you may be eligible for workers’ compensation benefits.  What must happen is the injured worker must file a Notice of Claim with the Pennsylvania Uninsured Employers Guaranty Fund (UEGF).   Then,…

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Does Pennsylvania Workers Comp Require Pre-Authorization?

Pennsylvania Workers Compensation Act DOES NOT require pre-authorization for medical treatment.  I get that question time and time again.  The answer is always the same.  No pre-authorization is required in Pennsylvania. Quite frankly, this issue arises when a more expensive procedure/treatment is recommended by the treating doctor.  That usually includes an MRI, surgery, or various types of injections. It arises when a treating doctor advises the client (patient) that this is the recommended treatment and we will get it scheduled after…

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