Do repetitive work injuries count as work-related injuries in Pennsylvania?
Yes! Whether your injury was sustained suddenly, or from repetitive work activities, it is a work injury so long as 1) you were an employee at the time, 2) it occurred in the course and scope of your employment (ie, while you were working), and 3) your doctor agrees that it was caused by your work activities. (also make sure to meet the 120 day notice requirement under the Act)
Now, this doesn’t mean that your Employers’ doctors or an IME doctor won’t have another opinion. For example, in carpal tunnel cases, many times the medical experts will have different opinions as to what caused the condition. These claims are frequently denied. Do not let this discourage you! You can, and should, pursue any repetitive work injury. How is this done? Hire an experienced Pennsylvania repetitive work injury lawyer. We are here to help you at The Cardamone Law Firm, LLC– a specialty boutique firm solely dedicated to injured workers. TCLF gives you the individual attention your case needs to succeed.
If my injury occurred from repetitive work activities, what is the date of my injury? Good question. If you are not working currently, it’s usually the last day of work-since each day of work is considered a new injury under the Pennsylvania Workers’ Compensation Law. If you are continuing to work, it’s often the day you gave notice of the injury to your Employer. Sometimes, the date of injury is the day of the diagnosis by a doctor. It’s obviously not as cut and dry as a traumatic work-related injury, but it’s just as valid as a matter of law.
The most common repetitive trauma work injury that I see in Pennsylvania is carpal tunnel syndrome. Some other repetitive work injuries in Pennsylvania Workers’ Compensation cases are low back injuries from repetitive lifting, or shoulder injuries from repetitive lifting or assembly line work. These are just a few examples.
It is very important for an injured worker in Pennsylvania to describe the specific mechanism of injury– that is, a description of what work activities caused the symptoms. This is a key foundation for the medical expert opinions. Sometimes the doctors will race through the history portion of the examination, so be sure to slow them down to explain and document what you were doing at work which caused your problem. Make sure to tell the provider if you had previous symptoms in the same body part- even if it was many years ago. Sweeping a prior injury or treatment under the carpet can significantly damage a work comp case. Always always always tell the truth. And remember, an aggravation of a pre-existing condition is still a work-related injury under the Pennsylvania Workers’ Compensation Act.
Repetitive work injury cases in Pennsylvania Workers’ Compensation cases are not treated any differently regarding the litigation process. You still need to produce a medical expert who opines, within a reasonable degree of medical certainty, that the work activities caused the diagnoses- or were a substantial contributing factor. In addition, the injured worker will have to testify about the circumstances surrounding the injury.
If you need a Repetitive Work Injury Lawyer in Philadelphia or Pennsylvania, call one of Pennsylvania’s Most Experienced Work Comp Lawyers Michael W. Cardamone, Founder of The Cardamone Law Firm, LLC 7 days a week at 215-206-9068 to reach him directly or email Michael@cardamonelaw.com for a free analysis of your case. TCLF is here for you.
TCLF– 100% Work Comp; 100% For Injured Workers
Under Section 406 of the Pennsylvania Workers’ Compensation Act, if an employer is uncertain whether a claim is compensable or uncertain of the extent of liability, they can initiate compensation payments without prejudice and without admitting liability pursuant to a Notice of Temporary Compensation Payable (“NTCP”) on a form as prescribed by the Pennsylvania Department of Labor and Industry.
This is a common occurrence as the Pennsylvania Workers’ Compensation Act only gives the employer/insurer 21 day to accept, deny, or temporarily accept a claim- and it can take some time to investigate. The NTCP entitles claimant (the injured worker) to a maximum of ninety days of compensation.
It is important to note that the NTCP does not mean the employer is accepting responsibility for the work-related injury. It can revoke the NTCP by issuing a Notice Stopping and a Notice of Denial during the 90 day period as long as they are filed no later than five days after the last payment. If the employer does not file the Notice within the ninety day period during which temporary compensation is paid or payable, the employer shall be deemed to have admitted liability and the notice of temporary compensation payable shall be converted to a notice of compensation payable. A Notice of Compensation Payable is a document, similar to a NTCP, but which accepts liability for a work injury, whether for medical benefits alone, or medical and wage loss benefits. With the conversion, an NCP isn’t issued- it’s just that the original NTCP converts by operation of law. Therefore, it is important to keep track of the timeline- and it is recommended that an injured worker seek legal guidance as the rules are quite technical in this regard. At Cardamone Law, LLC, we’ve been successful in getting claims converted from a Notice of Temporary Comp Payable to a regular Notice of Compensation Payable, but holding the insurer accountable for breaching the deadline. This makes a huge impact on the value of the case.
If a Notice Stopping is filed, it is very important to get a consult immediately with an experienced PA Work Comp Attorney so that the proper petition can be filed to pursue the benefits in response. Even if a Notice Stopping isn’t filed, you will want your case analyzed to make sure the proper diagnoses are recognized by the insurer/employer. It is very common for the employer/insurer to accept a “strain” or a “contusion” when the injuries are frequently much more serious. The unilateral nature of the NCP or NTCP is frustrating as adjustors don’t often recognize the full extent of injury.
If you have received a Notice of Temporary Compensation Payable, or a Notice Stopping, a Notice of Denial, or a Notice of Compensation Payable, fee free to contact Certified Work Comp Attorney, Michael W. Cardamone 7 days a week at Cardamone Law, LLC at (215) 206-9068 for a free consult or email Michael@CardamoneLaw.com These documents can be confusing and Attorney Cardamone will be happy to explain them and apply them to your situation.
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Is surveillance of injured workers allowed under the law? Yes. As long as the surveillance company is not on your private property. Why is surveillance done? Because the employers and insurers want to see if an injured worker is doing any activities that are inconsistent with the purported injuries.
Will you be able to review the surveillance video and report? Absolutely. If the insurer or employer wishes to use the surveillance as evidence in your Pennsylvania Workers’ Compensation case, you will have the right to review it to 1) see if it’s in fact you depicted in the video and 2) explain what you were doing.
I get surveillance videos approximately ten times per year. However, it is rarely effective in damaging my cases. As I always note, most people are honest and are doing activities consistent with what’s reported to the doctors. I always tell my clients that just because you are on video carrying coffee and bread while walking out of a convenience store doesn’t mean you’re able to do your pre-injury job for eight hours- a job that may require much more significant physical exertion such as heavy lifting, bending, twisting, etc.
I have many clients who actually catch the surveillance company spying on them- some clients have even called the police- to be sure that it wasn’t something or someone with bad intentions. However, in most cases, the surveillance is done effectively in the sense that the injured worker isn’t aware it’s taking place.
If you have been given surveillance video or reports by your Pennsylvania Work Comp Attorney, make sure to review it. I have had several cases where the person depicted was not my client, but in fact a sibling or a parent who just happens to look like my client. Don’t assume it’s you until you actually confirm it.
Many clients will ask me, “Should I stay inside as my case is progressing?” The answer, in my opinion is no. Do what you can do. In 99.9% of cases, the injured worker is not claiming that they literally cannot move. If your job requires lifting heavy boxes all day, then sitting on a lawnmower and mowing your grass isn’t inconsistent with being unable to do your job. Everything has to be put into context. There is no rule stating that you cannot go out to a movie or dinner merely because you’re on, or seeking workers’ compensation benefits.
For more information about surveillance in Pennsylvania Workers’ Compensation cases, call Certified PA Work Comp Attorney Michael W. Cardamone 7 days a week at (215) 206-9068 or email myphillyworkerscomp@gmail.com
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How does a child support lien affect a Pennsylvania Workers’ Compensation case?
This issue arises in many cases. Workers’ Compensation benefits in Pennsylvania can be attached for payment of a support order. Act 109 of 2006 made a change to the Domestic Relations Act to state that support which is delinquent under a payment schedule established by a court is a lien against the net proceeds of any monetary award.
So what is a “monetary award”? It is defined as any portion of a settlement paid as a lump sum as a Workers’ Compensation or Occupational Disease Act award. It does not include a lump sum payable vis-a-vis a structured settlement annuity.
What does “net proceeds” mean? It is defined as monies in excess of $5,000 payable to the employee after payment of attorneys’ fees, litigation expenses, documented unpaid medical expenses incurred for treatment of the work injury, any indemnity or medical payments, and payments to the Medical Assistance Program.
So, if you are receiving Pennsylvania Work Comp indemnity benefits, your checks may be reduced to account for a child support obligation. It is important for the injured worker’s attorney to obtain a copy of the Court Order.
All Pennsylvania Workers’ Comp Lump Sum Settlements have to account for any child support arrears. An injured worker is required to sign a Child Support Affidavit and a lien search is also required using the injured worker’s social security number. The goal is to make sure that any arrears are paid off before the injured worker pockets settlement money- or at the very least, a payment plan.
For more information about child support and PA Workers Comp, call or email Certified PA Work Comp Attorney Michael W. Cardamone directly at 215-206-9068 or Michael@Cardamonelaw.com
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This question is usually one of the first questions a client or prospective client asks me.
The answer? It depends. A very “lawyer-like” answer, I know. But it’s simply the truth.
Some cases are settled in mere days or weeks and others take years or never settle.
Also, there is a difference between the life of a claim and the life of litigation. What do I mean by this? If you are currently receiving Pennsylvania Workers’ Compensation benefits, and there is no litigation, well, the life of your claim could have no end- it depends on many things- Did you settle the case? Did you go back to work? When a petition is filed, this starts the litigation process. For example, if you are receiving Pennsylvania Workers’ Compensation benefits, but the insurance company sends you to an Independent Medical Examiner and if that doctor writes a report claiming you are recovered, then the insurance company’s lawyer will file a Petition to Terminate benefits. This puts your case before a PA Work Comp Judge and the litigation can take up to a year or more- again, depending on many things.
People get sick of hearing “every case is different” but it’s the reality. I’ve handled thousands of cases over 14 years and no two cases have been identical. It is highly recommended that you don’t seek legal advice from neighbors, co-workers, doctors, or family members. Get legal advice from a Certified Pennsylvania Work Comp Attorney! Pennsylvania Workers’ Compensation is a complex maze of rules and regulations and procedural quirks. Trying to navigate this without an experienced attorney is foolish- and most Judges, at the very first hearing- if you are unrepresented- will tell you this. The insurance company adjustors are not on an equal playing field with you, as they know how to set you up for a weak claim- an attorney like me, who only handles PA Work Comp Cases, will equal that playing field for you and help you maximize your case so that you can get your health back with the income stream to survive.
For a specific time frame in your case, feel free to call or email me 7 days a week at (215) 206- 9068 or Michael@cardamonelaw.com All consults are free
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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 bearing on whether the settlement will be approved by the Work Comp Judge, (the Judge has no jurisdiction over the issue), many employers require a resignation so that they can be assured that the injured worker will not seek re-employment with them. In fact, the resignation language is usually something like this: “I, John Doe, hereby resign my employment with Employer as of ___ and agree not to seek re-employment with Employer…” The idea from the employer’s perspective is that they want to part ways with the employee- in most cases, my clients don’t object to parting ways either due to ongoing tension, or an inability of the employer to accommodate the restrictions, or due to hostility from cynical co-workers, etc.
Most employers will also bargain for language that states the resignation is voluntary. This has implications with respect to Unemployment Compensation. If an injured worker voluntarily resigns from employment, he/she will not be eligible for Unemployment Compensation as it will be deemed a voluntary quit. If the employer does not wish to contest an application for Unemployment, you may be able to bargain for language that carves out an exception to this concept by asserting that the voluntary resignation is due to the work injuries and the fact that the employer could not accommodate the worker’s restrictions.
The resignation issue can frustrate some injured workers as some of them have already been terminated or laid off prior to the PA Work Comp Settlement. Signing a resignation with a Compromise & Release Agreement can feel like overkill. However, it can also be a positive thing as it allows an injured worker to tell a prospective employer that he/she resigned rather than being fired.
If you are working with a new employer at the time of your PA Work Comp Settlement, resignation from that employment is not relevant- only with the pre-injury employer.
If you have questions about the effect of a resignation and your PA Work Comp Settlement, call or email me 7 days a week at (215)206-9068 or Michael@cardamonelaw.com
-Michael W. Cardamone, Certified PA Work Comp Law Specialist
The Cardamone Law Firm, LLC– 100% For Injured Workers In Pennsylvania
Pursuant to Section 306 of the Pennsylvania Workers’ Compensation Act, (a) (1), “for total disability, sixty-six and two thirds per centum of the wages of the injured employee as defined in Section 309 beginning after the seventh day of total disability, and payable for the duration of total disability, but the compensation shall not be more than the maximum compensation payable as defined in Section 105.2.”
For most injured workers in Pennsylvania, the above language means 2/3 of the pre-injury average weekly wage. However, if the earnings are below a certain level, the compensation rate can go up to 90%.
If you have a Pennsylvania Workers’ Compensation claim, make sure the adjustor sends you a Statement of Wages– this document reflects the pre- injury earnings and lists the data/gross earnings during various periods before the work injury. You will want to have an experienced and Certified PA Work Comp Attorney review this to make sure your pre -injury wages were calculated properly. If they weren’t, I can file a Petition to Review on your behalf to challenge the calculations. I have many clients who were never sent this document. The adjustors often forget to send this to the injured worker at the outset of a case.
There are maximum compensation rates for weekly benefits for each year. For 2013, the maximum weekly compensation rate is $917.00 per week. So, even if you earned $4000.00 per week pre- injury, your comp rate is capped out at $917.00 per week.
Per Section 306 (a)(1), if the benefit so calculated is less than fifty percent of the Statewide average weekly wage, then the benefit payable shall be the lower of fifty percent of the Statewide average weekly wage or ninety percent of the workers’ average weekly wage.
If you need help analyzing your PA Workers’ Compensation rate, feel free to call or email me 7 days a week at (215) 206-9068 or Michael@cardamonelaw.com. We cover all costs and there are no out of pocket charges- Free Consults
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These are some general guidelines of mine for clients when they testify in a deposition in a Pennsylvania Work Comp case, or before the Workers’ Compensation Judge. If you have an attorney handling your case, you should speak to them about their suggestions and experience.
-Always tell the truth. This goes without saying but I said it anyway.
-If you don’t know something, say so.
-If you are estimating, say so.
-If you do not understand the question, ask the attorney or Judge to repeat it in a different way- there is no video of your testimony and the Judge may not remember a look of doubt on your face, instead, the Judge will be reading words in a transcript. Words matter!
-Look the Judge or attorney in the eyes when you are answering the questions. This shows a sincerity.
-Dress in a respectful way- cut off jeans and a tank top will show a brazen disregard for the Court.
-Review your medical records ahead of time to refresh your memory as to the timeline of events especially any past relevant history of a similar injury.
-If you plan on referring to your own notes while testifying, make sure your attorney has a copy well ahead of the testimony so that he or she can give a copy to opposing counsel- this is out of fairness and the rules of evidence.
-Do not get combative with the Judge or counsel; even if you have a right to be mad or upset, if you show such emotions it can be perceived as a defensiveness and this may make the Judge skeptical. This is easier said than done.
-Get to the point and try not to repeat yourself.
-Do not start answering the question before the attorney is finished asking it- even if you know what he/she is going to say- the court reporter and Judge will be quite annoyed if you talk over another person.
-Be specific- if you are asked about your symptoms and you merely state you are in pain, that may not sound convincing. Instead, think about how you would articulate your pain- it is a burning pain? Is it constant or does it come and go? Does it radiate? Sometimes, keeping a diary can be useful in the weeks leading up to your testimony so that you can pinpoint the symptoms and how they make you feel. Most people struggle with articulating their symptoms as they become overwhelmed with emotion when talking about them. Thinking about this issue ahead of time can go a long way.
–Make sure you have a Certified Specialist In PA Work Comp Law representing you! Pennsylvania Workers’ Compensation has become complex and riddled with technicalities and confusing rules- having a specialist will likely increase your odds at a favorable outcome.
For more information about Pennsylvania Workers’ Compensation, call or email 7 days a week 215-206-9068 or Michael@Cardamonelaw.com
For a free consult, you may also fill out a form on my new website
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No! In Manitowoc Co., INC. v. Workers’ Compensation Appeal Board (Cowan), No. 472 C.D. 2013, the Commonwealth Court of Pennsylvania correctly determined that the mere offering of alternative theories as to how an injured worker died after a fall didn’t render that opinion equivocal.
This matter involved a fatal claim petition stemming from a fall from a crane platform without harnesses. (remember- in workers’ compensation fault is not an issue) The platform was about 6 feet from the ground and had no handrails. While in a crouched position, Claimant said to his son/co-worker, “Hold it. Wait a minute.” The son saw his father’s eyes roll back, and his father fell off the platform. Claimant’s medical expert, Thomas R. Stoner, D.O., board certified in internal medicine, opined that the death was a result of falling on his head and that Claimant didn’t experience cardiac arrest at the time of the fall and that he couldn’t be sure of the Claimant’s state of consciousness at the time of the fall because he was not hooked up to any monitors.
Employer presented the testimony of Paul M. Shipkin, M.D., a board certified neurologist, opined that Claimant lost consciousness before he fell because he went limp and fell without trying to catch himself, and that based on his pre-existing mitral valve disease and the fact that he turned blue quickly, that it was highly possible that a cardiac episode cause Claimant to lose consciousness.
Both medical experts believed that Claimant suffered brain death. But Dr. Stoner disagreed with Dr. Shipkin that a cardiac event was the primary cause of the death because Claimant had no cardiac arrhythmia while he was hospitalized until he was disconnected from life support.
Employer also presented the testimony of Joseph Gascho, M.D., a board certified cardiologist who opined that Claimant had cardiac arrhythmia and that was the cause of the loss of consciousness.
The Workers’ Compensation Judge granted Claimant’s Petition, crediting Dr. Stoner’s opinions that Claimant was injured in the course of employment and that the death was caused by the fall and resulting head trauma. Employer appealed, alleging that Dr. Stoner’s testimony was equivocal because he offered alternate theories regarding the exact cause of the death. The Workers’ Compensation Appeal Board disagreed and so did the Commonwealth Court.
To succeed on a fatal claim petition, claimant has the burden of proving that the employee sustained a work-related injury and that the injury was a substantial, contributing cause of the employee’s death. Where the causal connection between the work injury and the death is not obvious, the claimant must present unequivocal medical evidence establishing the connection.
In this case, at the hearing, Dr. Stoner set forth four possible explanations (see Decision for more detail) regarding the connection between the fall and the death- however, under each scenario, Dr. Stoner’s ultimate conclusion was that the fall and blunt-force trauma caused Claimant’s death.
The mere offering of alternate analyses regarding a work injury does not render the testimony equivocal. To be unequivocal, the Court noted, “the expert need only state that in his or her professional opinion, the result in question came from the assigned cause”. (citing Corcoran v. Workers’ Compensation Appeal Board (Capital Cities/Times Leader), 725 A.2d 868, 872 (Pa.Cmwlth. 1999). The Commonwealth Court found that expert testimony is competent “even if the witness admits to uncertainty, doubt, reservation, or a lack of information with regard to certain medical details, as long as the witness does not recant the opinion first expressed.”
This a good decision for the claimant’s bar. Medicine is not an exact science and doctors have to extrapolate from the data given to them. In this case, Dr. Stoner, while having different theories about the specific chain of bodily events that caused the death, kept coming to the same conclusion, that it was the fall and blunt-force trauma that caused the death. The Commonwealth Court Decision here affirms the idea that a medical expert does not have to be 100% certain as to his or her opinion- indeed, the standard is “reasonable medical certainty” and the WCJ, Appeal Board, and Commonwealth Court also correctly found that Dr. Stoner’s opinion was unequivocal as he never recanted his opinion that the fall caused the death.
For more information about fatal claim petitions in Pennsylvania Work Comp, evidence, medical testimony, or just general PA Work Comp Info, call or email Certified PA Work Comp Attorney Michael W. Cardamone at 215 206 9068 or Michael@cardamonelaw.com
If you are an injured worker in Pennsylvania (or even if you live outside of PA, but were injured in PA and thus subject to the PA Work Comp Act), you will want to look at the Notice of Compensation Payable– this is a key document that is issued and filed by the work comp carrier or third party administrator, which admits that a work injury took place and delineates the nature of the injury, among other information. This document should be filed within 21 days of the date you gave notice of your work injury. As such, adjustors usually don’t have much in the way of medical records. They may have a report from a panel doctor claiming the injury is a “low back sprain or strain”. The Notice of Compensation Payable is a unilateral document, filed by an adjustor, not an injured worker or a doctor, and it is issued quickly after an injury is accepted as compensable- and therefore, it almost always lists a generic diagnosis such as “strain”, “sprain”, or “contusion” of whatever body part is at issue.
The Notice of Compensation Payable (NCP) is a controlling document in a Pennsylvania Work Comp case. This means that it tells the parties what the obligation is for the insurer until otherwise modified by Stipulation, Supplemental Agreement, or Court Order. If your Notice of Compensation Payable says that your injury is a low back strain, but your doctor’s records reflect a herniation at L5-S1, then the insurer will likely win an argument before a Work Comp Judge that it does not have to pay for the treatment because the Notice of Compensation says low back strain.
So, how do you fix this seemingly unfair situation? It depends. If the insurer is paying the medical bills, despite the mismatch between what the Notice of Compensation Payable says and what your doctor’s records reflect, then it is perfectly fine to let things remain that way. But if the insurer is denying payment, then call an experienced and Certified PA Workers Comp Lawyer to pursue the proper diagnoses. This is accomplished by filing a Petition to Review which is heard by a Work Comp Judge over a series of hearings, with medical evidence and testimony from the injured worker presented. There are many complicated rules of evidence and procedural issues involved in litigating a PA Workers Comp case, so it is strongly recommended to seek counsel.
Every case is different. I cannot stress this enough. I’ve seen some cases where the accepted injury is a “low back contusion” on the NCP, but the treating doctor’s records reflect multiple disc herniations, radiculopathy, and chronic pain and the insurer pays everything with no dispute. But I’ve also seen cases where they deny treatment after treatment causing a Petition to Review to be litigated to set the record straight.
It is important to note that the mere filing of a Petition to Review doesn’t mean you win. The insurer will likely set up an Independent Medical Exam to see if they can challenge the work-relatedness of the diagnoses at issue, and the Work Comp Judge will ultimately have to decide which doctor’s opinions are more credible if the parties cannot come to an agreement on the work-related diagnoses. Make sure to confirm with your physician that they are board certified as credentials can become important when a Work Comp Judge is reviewing the matter.
For more information about Pennsylvania Workers Comp and how to get you true injuries recognized, call or email me 7 days a week at 215-206-9068 (direct dial) or Michael@cardamonelaw.com
Nothing on this blog shall be considered as legal advice. It is general information about PA Workers Comp. For advice about your situation, please contact me.
