PA Uninsured Fund Held to Same Standard by Commonwealth Court

To give some background information, the Pennsylvania Uninsured Guaranty Fund was enacted into law to protect employees injured at work and the employer is uninsured.  It is a separate fund set up under the Pennsylvania Treasury.  Essentially, when an Employer is uninsured, the UEGF steps in and acts as the Employer's insurance carrier, although,. the Fund and the Employer often have quite different interests.  Often times, I see these type of cases where there is a dispute whether an injured…

Continue ReadingPA Uninsured Fund Held to Same Standard by Commonwealth Court

Carlisle Gingerbread Man server seriously injured

Often when you think of workers compensation, you think of lifting injuries, in which an injured worker hurts his/her back, neck, or shoulder when lifting a heavy item.  Or you think of slip and falls at work, whether it be on ice and snow or on oil or some type of moisture on the ground.  Of you hear about forklift accidents.  Or you hear about nursing assistants in nursing homes getting injured when trying to lift a patients or save…

Continue ReadingCarlisle Gingerbread Man server seriously injured

Repetitive Work Injuries are real and compensable

Some of my clients heard from friends that they can't get workers compensation benefits for their injury, because there was no specific event.  What we mean by a specific event is an injury that occurs when something specific happens at work  --- you slip and fall at work, you lift something and experience immediate pain, you get hit by a forklift, you are assaulted by a patient.  Those are specific injuries. However, there are also repetitive injuries.  These type of…

Continue ReadingRepetitive Work Injuries are real and compensable

Social Security Disability and Workers Compensation — Be aware!

Recently I had a client that settled her workers' compensation claim for a lump sum amount of money.   The Attorney that she used for her workers' compensation settlement, which WAS NOT Mooney & Associates, failed to draft the agreement with specific social security disability offset language.  Subsequently, she received an award of social security disability benefits.  However, she soon found out her monthly benefits would be greatly reduced for a period of two years.  This can have devastating effect…

Continue ReadingSocial Security Disability and Workers Compensation — Be aware!

Veterans may received expedited Social Security disability hearings

The Social Security Administration announced a new process that may lead to expedited hearings for Veterans who have been denied Social Security disability benefits.   If a Veteran is treating with the VA and has been provided a 100% disability compensation rating for permanent and total disability, they would be eligible under new Social Security rules to have their social security disability applications and decisions expedited as high priority. It is important to note that a 100% disability compensation rating…

Continue ReadingVeterans may received expedited Social Security disability hearings

Liquor Store Robbery is Not a Normal Working Condition

The Pennsylvania Supreme Court has handed down a ruling that post-traumatic distress disorder suffered by an employee of a Pennsylvania state liquor store, as a result of an armed robbery, is in fact a compensable work injury.  The decision reverses a 2011 decision by the Commonwealth Court that denied workers compensation benefits. The case revolved around the issue of whether working conditions, such as a robbery at a state store, would be either foreseeable or could have been anticipated.  …

Continue ReadingLiquor Store Robbery is Not a Normal Working Condition

What is an Independent Medical Examination (IME)?

Often I get questions from injured workers asking if they have to attend an independent medical examination, otherwise known as an IME.  The quick answer to that questions is --- Yes.  The workers compensation insurance carrier is entitled to have an injured worker examined by a doctor of their choosing every six months.   Insurance carriers typically like to refer to these examinations as 'independent', hence the name of the examination, however, they are far from independent.   Let's take…

Continue ReadingWhat is an Independent Medical Examination (IME)?

Don’t fall for Employer Tricks When Hurt on the Job

Often when an individual is hurt at work, their employer or immediate supervisor will discourage the use of workers compensation.  Obviously, the employer does not want their workers compensation insurance premiums to increase.  So they make things up or try to guilt an injured worker into not claiming the work injury. Don't fall for those tricks.  Your workers compensation rights are too valuable to your present, your future, and your health.  I hear it time and time again when I…

Continue ReadingDon’t fall for Employer Tricks When Hurt on the Job

Shippensburg foundry hammered by OSHA

A Shippensburg, PA foundry has been hammered by OSHA for repeated safety offenses at the Shippensburg location of Domestic Castings.  The type of safety violations the story identifies are the type that can cause injuries at work.   According to OSHA, the repeat violations, carrying a $90,860 penalty, included open-sided floors and platforms that were not guarded with standard railings and other safety features; permanent, durable identification was not affixed to alloy steel slings; pulleys were not properly guarded; sprocket…

Continue ReadingShippensburg foundry hammered by OSHA