The franchise industry faces many unanswered questions in the wake of the recent decision in Awuah v. Coverall North America. Though the industry had hoped to be reassured that it could continue to classify independent franchisees as distinct from independent contractors for the purpose of denying benefits to these workers, the case offered no such… Read more
When a party wants a utilization review under Pennsylvania workers’ compensation law, it seeks an independent determination of whether a medical treatment for a work injury is reasonable or necessary. The typical workers’ compensation utilization review process begins when the insurance carrier or employer receives the bills for an employee’s medical treatment and believes the… Read more
In a recent study, the Workers’ Compensation Research Institute found that the costs for prescription drugs used to treat injured workers in Pennsylvania were higher than the median cost. The Cambridge, Massachusetts, based research group found that the average payment per claim for prescriptions was $445, which was eight percent greater than the median established… Read more
The Pennsylvania Commonwealth Court recently ruled that in workers’ compensation cases, an expert’s opinion could be held valid even if the expert did not personally examine a specific injury the worker suffered. In Stancell v. Workers’ Compensation Appeal Board, the court affirmed a benefits termination petition after the employer’s medical expert testified regarding the employee’s… Read more
Recently, an employer was reminded that it must follow proper procedure to suspend its former employee’s workers compensation benefits. In the Commonwealth Court of Pennsylvania, a judge affirmed the Workers’ Compensation Appeal Board’s decision to deny an employer’s request to suspend the worker’s benefits. The employee had been receiving benefits since 1989 when he injured… Read more
Pennsylvania workers’ compensation law is always evolving, through statutory changes and judicial and administrative changes. These changes directly affect the rights and claims of injured workers, sometimes favorably and sometimes to their detriment. The law firm of Martin Law strives to stay on top of these changes so that we can protect our clients’ benefits… Read more
This past fall, the Commonwealth Court of Pennsylvania upheld a ruling that a workers’ compensation insurer can suspend benefits when an injured worker refuses to enter a detox program – despite the fact that completing the program will not treat the injured worker’s underlying medical condition or help her return to her pre-injury employment position…. Read more
The Pennsylvania Department of Labor and Industry has announced that the maximum workers’ compensation benefit rate for an injury that occurs in 2010 will be $845.00 per week. The maximum rate for a 2009 injury is $836.00, making this one of the smallest yearly increases in recent history.
Martin Law will sponsor a Blood Drive for the American Red Cross on Tuesday, January 19, 2010 from 9 am – 3 pm. The Blood Drive will take place on the 19th Floor of our building at 1818 Market Street, Philadelphia. Walk-ins are welcome or you can sign up online to donate!