Bilateral Avascular Hip Necrosis found to be Aggravated by Work Injury

Mooney & Associates recently won a case for an injured Pennsylvania worker that included bilateral avascular necrosis.  The claimant had both left and right hips replaced and the insurance carrier was forced to pay for both hip replacements. Generally, avascular necrosis of the hip (AVN) is a degenerative condition that is not completely understood by the medical community.  Essentially, avascular hip necrosis is a dying bone condition within the hip that in most cases will lead to a hip replacement.   It is not a condition that…

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What is a Notice of Ability to Return to Work in Pennsylvania?

A Notice of Ability to Return to work in a standard form in Pennsylvania Workers Compensation claims.  I get calls from clients and potential clients that are concerned about receiving this form.  So what is this form and what does it mean?

First, this form is prescribed by Section 306(b)(3) of the PA Workers’ Compensation Act.  The form essentially provides to you notification that the insurance carrier has received medical evidence that indicates your ability to return to work.  Ability is italicized above because it means that the insurance carrier has received work restrictions or a change in restrictions for your condition, it does not mean you have to return to work.  In some cases, an injured worker receives the form and is already back working in light duty, further compounding the confusion.

Essentially, you should view the Notice as an informational notification, rather than a notification that requires action.  However, and I caution, DO NOT take the form lightly.  It could be indicative that the insurance carrier may be preparing to attempt to modify or suspend workers’ compensation benefits.  (more…)

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While Pennsylvania Workers Comp rates improve, work injuries remain

Governor Tom Wolf announced that Pennsylvania Workers Compensation rates improved, yet again.  Pennsylvania fell from 17th in down to 26th in workers compensation insurance costs for businesses.  That is a pretty big jump and shows that Pennsylvania is more attractive to business and has a friendly business environment.  In fact, check out how many insurance carriers offer workers compensation coverage in Pennsylvania. "More than 325 companies offer workers' compensation insurance coverage in Pennsylvania," said Insurance Commissioner Teresa Miller, in a…

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Winter Weather brings Slip and Fall Injuries in Central Pennsylvania

With winter weather right around the corner, slip and fall injuries in Central Pennsylvania become all too frequent.  Employees need to be cognizant of winter weather.  Often, when snow and ice are on the ground, it inevitably leads to slip and fall injuries at work.   Central Pennsylvania is home to a healthy array of warehouses, manufacturing, and trucking facilities.  Often, we see work injuries as a result of snow and ice at these type of employers.  These normally are…

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Harrisburg plumbing company fined by OSHA

A Harrisburg area plumbing company, Williamson Plumbing, has been fined by OSHA for safety violations after a workers was injured while working in a trench.  The injury was caused by a trench collapse, which trapped the injured worker and caused the injured worker to have to be hospitalized. After investigating, OSHA issued citations for what it called “one willful, six serious and one other-than-serious violations.” The agency also issued citations to the company for failing to: – keep excavated materials…

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7 Reasons why Injured Workers seek Legal Counsel

You get injured at work.   As you seek medical treatment, deal with this form and that form, and your pain, your future, your financial well being, and your job all swirl around in your mind, you likely think --- should I contact a workers' compensation attorney? The clear answer is --- YES.  A workers' compensation claim can very complex, both in terms of anticipated wage loss and getting medical bills paid.   You are likely asked to sign tons of…

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Lancaster construction company faces OSHA fines

A Lancaster, Pennsylvania construction company faces $64,000 fines from OSHA after an investigation that found the company failed to adequately provide fall protection. OSHA found that Burkholder Builders had seven different safety violations with on onsite inspection. Employees were found working on scaffolding and roofs nearly two stories up without fall protection . . . examples of fall protection that could be used are safety nets or guard rails. OSHA inspectors determined that the company was not following proper procedures…

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Pennsylvania Workers Compensation and Holiday Parties

With the Holiday season rapidly approaching, it also means numerous Holiday parties, and that includes, Holiday parties through our place of employment.  Ultimately, you may hear of an employee getting injured while at a company Holiday party.  If an employee is injured at a company Holiday party, are they entitled to workers compensation benefits in Pennsylvania? The answer to that question is --- it depends.  These cases are often very fact sensitive and case law has identified factors to be…

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Offered a workers compensation settlement? Now what?

From time to time, I get calls from prospective clients because they received a workers compensation settlement offer to end their workers compensation claim.  The prospective client received the offer directly from the insurance carrier adjuster.  The adjuster insists the claim is fair and reasonable.  The question I am always asked is --- So now what? First, talk to an experienced workers compensation attorney before ever agreeing to any settlement offer made by an insurance carrier.  Often these settlement offers…

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Low wages and frequent injuries for nursing home employees in Pennsylvania

A guest column by Bill Parkinson in the Carlisle Sentinel caught my eye.  The essence of Mr. Parkinson's article is the pathetic nature of the low wages paid to nursing home employees. There’s clearly something terribly askew about a system wherein the individuals we trust to care for those we love aren’t paid a living wage. That inequity speaks volumes — tearfully sad volumes — about our priorities, our respect for our relatives and ourselves. How right he is. I…

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