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 Makes Mooney Law Different Than Those Firms That You See in Ads

Mooney Law advertises our firm.  Of course we do.  However, we do not advertise as much as some of these firms you see everywhere on billboards and TV.  Those ads actually become monotonous and overbearing.  We do not advertise like some of these big Philadelphia and Pittsburgh law firms you see.   Are we different?  Is our approach different? The answer is YES, we are different.  Let me explain how we are different.  Many of these firms that spend all…

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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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Am I entitled to a settlement in Pennsylvania Workers’ Compensation?

In Pennsylvania, injured workers are not entitled to a settlement.  That is the quick, easy answer.  However, most Pennsylvania workers’ compensation cases in litigation do indeed end with a settlement. There are two critical points to remember when we talk about Pennsylvania workers’ compensation settlements.  First, no employer, insurance carrier, attorney, or Workers’ Compensation Judge (WCJ) can force an injured worker to settle their case.  If you do not want to settle your case then you do not have to…

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Can I be put under surveillance because of a work injury?

Injured workers often times are put under surveillance by the workers’ compensation insurance carrier.  Is it legal?  Yes, it is.  Should you expect it?  Yes, you should.  Surveillance in workers’ compensation can take many different forms. In the least, you should expect that the workers’ compensation insurance carrier will conduct a background check on any previous insurance claims you may have filed.  That is precisely why it is imperative NOT to hide information, pre-existing conditions, or prior injuries.  They will…

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New Orthopedic Practice Coming to Central Pennsylvania

Central Pennsylvania will get a new choice in Orthopedic services in Central Pennsylvania.  UPMC announced that they will be opening a new Orthopedic practice in Enola on April 1, 2020. “The new UPMC West Shore Orthopaedics practice further strengthens our network of employed and independent orthopaedic providers committed to giving our patients exceptional spine, bone and joint care,” said Philip Guarneschelli, FACHE, UPMC Pinnacle president. Most of my clients who have been injured at work see an Orthopedic doctor at…

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Torn Meniscus Injuries in Pennsylvania Workers Comp 

Torn meniscus injuries are frequent in Pennsylvania workers compensation claims.  It is the most common knee injury I see in my practice. The medial and lateral menisci are two large C-shaped cartilages that are positioned on the top of the tibia bone at the knee. It is a piece of cartilage that provides a cushion between your femur and tibia. There are two menisci in each knee. What types of activity causes meniscus to tear? Typically, torn meniscus in workers’ compensation…

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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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Pennsylvania Workers’ Comp to Stay Virtual to June 30

I attended a Pennsylvania Bureau of Workers’ Compensation continuing legal education seminar today to get an update on the “new Workers Comp Normal .”   It was a much anticipated seminar for attorneys to determine where workers’ compensation is headed in Pennsylvania, given the ongoing COVID-19 pandemic. Pennsylvania workers’ compensation system is administered through the Bureau of Workers’ Compensation within the Pennsylvania Department of Labor & Industry.  PA Department of Labor & Industry is an executive government agency operating under the…

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Long Term Disability Insurance Appeals

Often times, I have injured workers and other clients who are receiving long term disability insurance monthly benefits.  As with any benefits paid by an insurance company, an initial denial on an application for benefits or a termination of benefits is eventually received by the disabled individual. Let me explain long term disability benefits.  Often times, individuals are confused between social security disability and long term disability.  These benefits are distinctly different. Social Security Disability benefits are paid out of…

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