Category: Cases and Settlements

November 4, 2013

In Payes v. WCAB, decided October 30,2013, the Pennsylvania Supreme Court found that the Commonwealth Court erred by not accepting the well-supported facts by the Workers’ Compensation Judge establishing the existence of an extraordinarily...

Read more
October 10, 2013

It depends. Many employers in Pennsylvania require a resignation from the pre-injury employer as part of a global Pennsylvania Work Comp Settlement which is called a "Compromise & Release". While a resignation has no...

Read more
October 3, 2013

A Workers' Compensation Medicare Set Aside is a financial arrangement which allocates a certain portion of a Workers' Compensation Settlement for future medical care. The Medicare Set Aside funds must be used up before...

Read more
July 31, 2013

If you have a Pennsylvania Workers' Compensation case involving Reflex Sympathetic Dystrophy or Complex Regional Pain Syndrome, feel free to call or email Attorney Michael Cardamone of The Cardamone Law Firm, LLC for a...

Read more
July 12, 2013

We get this question all the time, should a fatal claim petition be denied when decedents death did not happen within 300 weeks of the injury at the workplace? Unfortunately, the answer to this...

Read more
June 20, 2013

No! In Eleazar Ortiz v. WCAB, the Commonwealth Court of Pennsylvania held that Claimant's status as an undocumented alien does not preclude the award of temporary total disability benefits under the Pennsylvania Workers' Compensation...

Read more
March 18, 2013

In January 2013, the Commonwealth Court of Pennsylvania, in Napierski v. WCAB (Scobell Company, Inc.), held that once a claimant has refused an available job in bad faith, his employer's obligation to show job...

Read more
February 27, 2013

The purpose of the Statutory Employer language in the Pennsylvania Work Comp Act is to extend coverage under the Act to subcontractors' employees injured at work- ie, construction site. In a landmark case called...

Read more
January 14, 2013

Some cases never go into litigation. An injured worker in Pennsylvania may receive work comp benefits, then return to her pre-injury job with no drama or litigation. But many cases do end up in...

Read more