>Will My Past Injuries And Treatment Become Relevant In My Workers’ Comp Case?

>Yes, very relevant.

Once you file a claim, your prior medical history becomes fair game. The defense attorney has the right to obtain your prior treatment records to determine what, if any, prior similar injuries you may have had. This obviously becomes relevant when the doctors have to render their opinion on causation- ie, whether the injuries are work-related.

Clients often ask me whether the insurance company can obtain medical records even if they don’t appear to be “relevant” to the current work injury. The answer is yes. The reason is because no one really knows whether the records are relevant until they are obtained and reviewed.

Medical records and the information contained in the records is the single most important facet of a workers’ comp case in Pennsylvania.

It is extremely important that you inform your attorney about what prior treatment you may have had for similar injuries, even if the prior injury was seemingly minor.

An easy way to lose your case is to fail to admit to prior treatment. You should therefore really take your time and look through your records to determine where you may have treated for past injuries, as well as the current injuries at issue.

Many injured workers in Pennsylvania will forget to do their “due diligence”, and while they don’t intentionally mislead the attorneys and/or doctors, if prior records surface that become relevant, and the worker didn’t recall such treatment, it can really impact a case negatively.

Call me for a free consult at 215-206-9068 or email mcardamone@krasno.com 7 days a week.

Michael W. Cardamone
The Injured Worker’s Lawyer
Fighting For Injured Workers in Pennsylvania

www.workerscomppa.com

>Why The Legal Profession Is The Greatest Profession In The World

>I submitted the below article to the ABA as part of a contest. Although I didn’t win, I thought it would be nice to share it here- even if it doesn’t directly relate to my workers’ compensation practice……..

The legal profession is the greatest profession in the world because the world is not able to exist without it. Without law and lawyers making, interpreting and applying the law, society would crumble under the weight of its members trying to assert their dominance over each other, whether by way of money, power, or physical superiority. The legal profession brings about fairness and dignity to all aspects of our world- and this is a self-sustaining and powerful concept that allows us to celebrate and perpetuate our greatest human traits.

Perseverance. Integrity. Fairness. Courage. These fundamentally important human traits were possessed by the many great lawyers who helped form the principles of our powerful nation. Indeed, John Adams, Thomas Jefferson, Abraham Lincoln, and FDR were all lawyers. Which direction would our country have gone if it were not for these noble men?

I have to admit, I sometimes get frustrated when I hear people say negative things about lawyers. I suppose much of the negativity is simply inherent in the nature of our legal process, with a winner a loser defined in many cases. As such, fifty percent of the parties involved in most legal circumstances will be somewhat disappointed at the outcome regardless of the quality of representation. But our society, and especially our media, has perpetuated a sinister and insidious campaign against lawyers- one that has eroded the longstanding respect and dignity the profession once possessed and which it still deserves.

I grew up watching my dad practice law in such a sincere, dignified, and professional manner, that it never crossed my mind as a child and young adult that someone could hold any animosity towards him. He had such a sense of fairness and balance about him, and possessed a sharp and sometimes painfully analytical skill which seemed to often put people in awe. When he came home for dinner every night at 630pm, I never heard him talk about how much money he was going to make- just how much he loved the challenge of trying to solve complicated problems for his clients. He never had to use the word honesty- it just defined his character.

Yet my dad was not an enigma. The great majority of lawyers possess these characteristics. In my nine years of practice, I have yet to come across an adversary who was overtly underhanded or dishonest. Instead, my counterparts have tried to do the right things, and have practiced with a respect for the profession. Unfortunately, this is not newsworthy for our media who is obsessed with bad news, bad fortune and crime. I suppose TV ratings would suffer if it were reported that “thousands of cases in downtown Philadelphia last week were handled properly by the participating attorneys- the attorneys solved their clients problems, worked really hard, exchanged information fairly, and the clients were satisfied with their efforts.”

Lawyers level the playing field between powerful corporations and the hard working employees who make its existence possible. Lawyers create an equality of bargaining power between those engaged in a contract. Lawyers help the poor and disabled obtain benefits to survive. Lawyers help resolve disputes between people which stabilizes society and the economy. Lawyers force manufacturers to be responsible in the way their products are made, marketed and distributed. Lawyers serve society. What other profession has such a far reaching and pervasive influence in our world?

So go right ahead, “lawyer up” and do it with pride.

-Michael W. Cardamone
The Injured Worker’s Lawyer

www.workerscomppa.com

>My Workers’ Comp Checks Keep Coming Late- Can I Do Anything About This?

>Yes, call me and I will file the appropriate petition seeking payment of the amount due, plus a penalty, and interest, along with attorneys’ fees. No insurer is perfect and sometimes the checks, which are often on an automated pay system, can fall off cycle. However, if the checks repeatedly come late, giving you no real reliability or ability to plan your finances, then it’s time to act. Anything over 7 days late is unacceptable. On the other hand, you must balance this with the fact that litigation means at least one hearing, phone calls with your lawyer, and several months of waiting for the petition to resolve.

Always feel free to call me for a free and comprehensive evaluation of your case at (215) 206-9068 or email mcardamone@krasno.com

-Michael W. Cardamone
Pennsylvania Workers’ Comp Lawyer
The Injured Worker’s Lawyer

www.workerscomppa.com