Posts Categorized: Workers Compensation

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Injury In Th Course & Scope Of Employment- Pennsylvania Work Injury Law

Posted by & filed under Areas of Practice, DLP Law, Workers Compensation.

In Pennsylvania, for an injured worker to establish an entitlement to workers compensation benefits, that worker must show that he or she was in the course and scope of employment when the injury occurred. The Commonwealth Court addressed this issue in the case of Penn State University v. WCAB (Smith). In that case, the claimant, Mr. Smith, broke both of… Read more »

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Scranton Work Injury- Workers Compensation- Reimbursement Question

Posted by & filed under Areas of Practice, DLP Law, Workers Compensation.

In Dept. Of Labor & Industry v. WCAB (Crawford & Co.), the Pennsylvania Supreme Court ruled that the insurance carrier for an injured worker was entitled to reimbursement from the Supersedeas Fund relative to medical expenses that were paid on the injured worker’s workers compensation claim. In this case, the claimant injured his low back at work on July 21,… Read more »

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Berwick Bloomsburg Scranton Work Injury Lawyer- Workers Compensation

Posted by & filed under Areas of Practice, DLP Law, Workers Compensation.

Question: I was injured while driving to work. Can I apply for workers compensation benefits? A.L. Berwick, Pa. Answer: Under Pennsylvania workers compensation laws, in order to qualify for workers’ compensation benefits, an injured worker bears the burden of demonstrating that any injuries he has sustained occurred in the course and scope of his employment…. Read more »

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Scranton Hazleton Moosic Work Injury Lawyers- Workers Compensation

Posted by & filed under Areas of Practice, DLP Law, Workers Compensation.

Bob was employed as a forklift driver for Kardashian Kargo Company. While operating his forlift to place some pallets  onto a flatbed, Bob took a turn too fast causing the forklift to tip over. Bob was thrown from the forklift causing him to suffer injuries to several parts of his body. While Bob was in the company… Read more »

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Scranton Moosic Wilkes Barre Work Injury Lawyers

Posted by & filed under Areas of Practice, DLP Law, Workers Compensation.

The Pennsylvania Superior Court has determined that an employee who signed a disclaimer at the time of commencing employment effectively waived her right to file claims against clients of her employer for damages otherwise covered under the Workers’ Compensation Act. In the case of Bowman v. Sunoco, Inc., the employee, Ms. Bowman filed a negligence claim… Read more »

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Undocumented Alien In A Pa. Work Injury Case

Posted by & filed under Areas of Practice, DLP Law, Workers Compensation.

Typically, an injured workers status as an undocumented alien worker will not preclude him from receiving disability benefits under the Pennsylvania Workers’ Compensation Act. However, in situations where it is established that the injured worker/undocumented alien is capable of performing some work- even at the most sedentary level capacity- the employer is entitled to a… Read more »

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Post Traumatic Stress Disorder- Workers Compensation

Posted by & filed under Areas of Practice, DLP Law, Workers Compensation.

The Pennsylvania Commonwealth Court has addressed the question of what constitutes an “abnormal working condition” in a workers compensation case that alleged post-traumatic stress disorder (PTSD). In Washington v. WCAB (Commonwealth of Pennsylvania State Police) , 11 A.3d 48 (2011), the injured worker, Washington, was employed as a Field Trooper with the  State Police. In addition, he also worked… Read more »

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Scranton Wilkes Barre Hazleton Workers Comp- Return To Work After Work Injury

Posted by & filed under Areas of Practice, DLP Law, Workers Compensation.

Question: I was injured at work last year but I’m now doing better. I returned to work but I’m not earning the same pay as when I was injured. How will my checks be calculated? Anonymous, Hazleton, Pa. Answer: If an injured worker (claimant) returns to work post-injury and has a loss of earnings that… Read more »