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Tag: PA Work Comp Lawyers

On January 27, 2021, Justice Donohue for the Pennsylvania Supreme Court issued an Opinion, finding that the Employer- Philadelphia Coca-Cola Company- was not entitled to a reimbursement of benefits during Claimant’s pre-conviction incarceration. Sadler was hurt at work in July 2012- losing his pinky finger, and hurting his back. In August 2013, he was charged with a crime in NJ. He couldn’t post bail and served 525 days. At sentencing, he pled guilty and was released for time served. Employer then filed a Petition to Suspend benefits that he received while in jail. It argued he was unjustly enriched.

The petitions were heard by a workers’ compensation judge, who concluded that PCCC was entitled to reimbursement for benefits paid to Sadler during his pre-conviction incarceration. The judge did not provide for a future credit against benefits to be paid to Sadler, but rather ordered that PCCC should petition the Supersedeas Fund for reimbursement. PCCC appealed to the Workers’ Compensation Appeals Board and Sadler cross-appealed. The Board modified the workers’ compensation judge’s decision by allowing PCCC to seek a credit against Sadler’s future payments, but affirmed in all other respects.

The Commonwealth Court agreed with Sadler that because he spent no time in jail after his conviction, his benefits were improperly suspended. The Pennsylvania Supreme Court agreed. They pointed to the clear, unambiguous language under Section 306 (a.1) of the Pennsylvania Workers’ Compensation Act which reads in part: “nothing under this Act shall require payment of compensation under clause (a) or (b) for any period during which the employee is incarcerated after conviction.”

The Supreme Court of Pennsylvania noted that this is a simple matter of statutory interpretation and the plain language should govern. This was the right result. The language is clear and not ambiguous. Furthermore, looking at Equal Protection principles- a person is presumed innocent until proven guilty- so a pre- conviction incarceration doesn’t mean guilty. The purpose of the Section 306 language is to not award benefits to a person who has voluntarily removed themselves from the workforce. Here, Sadler was incarcerated because he couldn’t make bail.

If you have any questions about this case, or any other Pennsylvania Work Comp issue, please contact us, your Pennsylvania Workmens’ Comp Lawyers.

Cardamone Law, a top Pennsylvania Work Comp firm with offices in Eastern and Central, PA, settled well over $500,000.00 in the past 2 months for its clients. Cardamone Law is one of the only firms in Pennsylvania that dedicates 100% of its practice to Pennsylvania Workers’ Compensation for injured workers.

Pennsylvania Work Comp Settlements have to be approved by a Work Comp Judge. Cardamone Law is known to maximize settlements for injured workers- that’s all they do.

For Free Consults 7 days a week, call (215) 206-9068 or email Michael@CardamoneLaw.com

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Cardamone Law Has Negotiated Some of the Largest Workers’ Comp Settlements in Pennsylvania

$2.2 Million
Spinal Injury
$897,000
Lower Back Injury
$650,000
Lower Back Injury
$550,000
Neck Injury
$425,000
Leg Injury
$375,000
Knee Injury
$325,000
Ankle Injury
& Hundreds More Cases
$2.2 Million
Spinal Injury
$897,000
Lower Back Injury
$650,000
Lower Back Injury
$550,000
Neck Injury
$425,000
Leg Injury
$375,000
Knee Injury
$325,000
Ankle Injury
& Hundreds More Cases

Client Testimonials

"Best Law Firm around!"

"Cardomone law is absolutely fantastic! They are very responsive and helpful and they will fight to get you what you deserve. Shirley is also very helpful whenever you have any questions! Best Law Firm around!"

- C. Edwards
Google Reviews
"Michael and Shirley are very dedicated...and getting the maximum amount favorable to my case"

"Cardamone Law Firm were very helpful to me since day one. Michael and Shirley are very dedicated to my case giving me updates, answering my questions, being honest with my case, and getting the maximum amount favorable to my case. Thank you so much for your service and dedication and helping me to achieve not only your case but to guide and refer me in other needs too! You guys are the best law firm friendly and dedicated. I will recommend to anyone."

- A. Ortiz
Google Reviews
"Michael won my workers comp case after my employer insurance denied my claim."

"Exceptional firm. Highly recommend this law firm. Michael won my Workers Comp case after my employer insurance denied my claim. Him and his staff were always at my reach for legal and emotional support. Am so happy I hire them. Thanks Michael and Ms. Shirley."

- Carlos P.
Google Reviews
"[They] did an excellent job in getting me financially compensated in a fairly short amount of time."

"I recently had a work related injury and was receiving Workers' Compensation (medical benefits only). Soon after I was fired, so I contacted Paul Silver at Cardamone Law Firm who did an excellent job in getting me financially compensated in a fairly short amount of time. Paul and his assistant Shirley always responded to any questions I had about the case in a very short amount of time. Thank you for helping me with this difficult case."

- Robin C.
Google Reviews
"Highly recommend."

"Cardamone Law was great with helping my husband with his Workers Comp issues. Mike and Shirley were the best with letting us know what was going on every step of the way. Highly recommend."

- Danielle P.
Google Reviews
"Mike Cardamone is amazing"

"Mike Cardamone is amazing. He is "hands down" one of the best lawyers I've ever had the privilege of knowing. He is very kind, understanding, knowledgeable in his field, always very thorough and helpful. He was extremely professional and someone who truly cares about his clients. I felt completely at ease with him. He was a pleasure to work with, explained everything in detail, as well as answered all my questions with knowledge and care. If you want someone you can trust, who communicates every step of the way, will fight for you and make sure you win your case, he is it! I will refer all my family and friends to him. Thank you so much Mike, for everything. I appreciate all your hard work and dedication in helping me."

- Allie M.
Google Reviews
Without a doubt YOU are the best!!!

"Without a doubt YOU are the best!!! Every person who is in the horrible position of being injured at work should have someone as kind, compassionate and knowledgeable as you on their side. You never once made me feel like I was one of a hundred other clients. I always knew you had my back! You answered calls and emails at all hours. You fought every fight for me so I only had to worry about getting well. Behind your nice, calm face there’s a pit bull ready to take on any employer or judge. I can never thank you enough."

- L. Edall
Google Reviews
"Best Workers' Comp Lawyer!"

"Michael is simply the best! He was there for me from day 1 till the end, and we won the case!! He is always available to help. I had a gazillion questions and he would answer them one by one. He's a great lawyer and I feel lucky to have found him online from reading other outstanding reviews about him. Believe me, they're true!"

- Faith B.
Google Reviews
"Great Attorney"

"Great attorney, handled case quickly and efficiently. I would recommend him and would use him again. He was always available to answer any questions we had. Thank you, Mr. Cardamone."

- H. Anderson
Google Reviews