Most practitioners who represent injured workers cringe when a mental- mental claim is considered. Historically, the burden of proof was so high and difficult that a mental – mental claim was almost impossible to win. A mental- mental claim occurs when the only injury that results from a stimulus at work is mental / psychological. […]
Read MoreAfter a work accident, many employees return to work in a modified or light duty capacity. Ironically, this can be the best protection for an injured worker against an employer who may seek to end the employment relationship. Courts in Pennsylvania look very closely, and perhaps skeptically, at employers who terminate or lay off an […]
Read MoreTuesday, February, 25th 2014, Certified Workers’ Compensation Specialists, Eric Pearson and Jonathan Koutcher of Philadelphia workers compensation law firm Pearson Koutcher Law, spoke with the executive board as well as to the general membership at a meeting of District Council 33, Local 394 (Philadelphia Water Department Employees) to provide a well balanced perspective on workers’ […]
Read MoreAn injured meat store manager initially sustained a neck injury a decade ago working for the same employer as a meat cutter. The injured worker continued working for the same employer and the performance of his meat cutting duties on a repetitive basis made his neck symptoms worse to the point where cervical spine surgery […]
Read MoreWe all know that clients come in all different shapes and sizes. They also come in different ages. For one particular age group of clients, those nearing the age of 65, litigating a Workers’ Compensation case can be challenging. Here are some of the important issues when litigating a claim for an older worker. Retirement: […]
Read MoreAn injured worker fell down steps, broke his neck and fractured his right wrist requiring surgery. The injured worker had been receiving wage loss benefits since approximately 2007. The Worker’s Compensation insurance carrier filed a Petition to Modify Compensation benefits based upon a labor market survey. The insurance company argued that although the injured worker […]
Read MoreThe most common type of Petition we file is a Claim Petition. When an insurance company denies the case of an injured worker, for whatever reason, a Claim Petition needs to be filed. An injured worker has the burden of proof to establish all of the elements necessary to support an award of benefits, including: […]
Read MoreAn employee from Delaware County, Pennsylvania in his late 20s was driving his vehicle while working when he was involved in a serious car accident. Initially, he was out of work for six months and then returned to work full duty. He then experienced seizure type events and started experiencing closed head trauma symptoms. The […]
Read MoreIn Pennsylvania, state law requires that an employer maintain workers’ compensation insurance for any employer who employs at least one employee who: could be injured in Pennsylvania; could be injured outside of Pennsylvania if the employment is principally localized in Pennsylvania; or, could be injured outside of Pennsylvania, while under a contract of hire in Pennsylvania, […]
Read MoreAn injured worker was caught on surveillance performing activities over the course of two days calling into question his claims of disability. As a result, the Workers’ Compensation insurance carrier filed a Petition to Terminate his benefits. In a Termination Petition, the employer must establish that the injured worker has fully recovered from all injuries […]
Read MoreOn Wednesday, September 25th, Certified Workers’ Compensation Specialists, Jonathan Koutcher and Eric Pearson of Philadelphia, spoke at a general membership meeting of SEIU Local 32BJ to discuss workers’ compensation topics and issues relative to members. Eric and Jon have spoke at several meetings throughout the year. After the meeting, Attorney Pearson stated: “We are thrilled […]
Read MoreI previously wrote a blog about the independent medical examination (IME) process generally and why an injured worker must attend when requested by the Workers’ Compensation insurance company. An issue that may arise once an injured worker attends an IME is what follow up studies or testing can the IME physician request subsequent to the […]
Read MoreOn Friday, July 19, 2013, Philadelphia Work Accident Attorney, Jonathan Koutcher spoke at an International Brotherhood of Electrical Workers (IBEW) Local 777 meeting in Middletown PA in order to inform Union members about workers’ compensation topics and issues thus enabling the executive board to provide their members a well rounded perspective on their rights in […]
Read MoreSaturday, June 29th, the Philadelphia Work Accident Attorneys, Jonathan Koutcher and Eric Pearson, spoke at SEIU Local 32BJ to discuss Workers’ Compensation topics and issues relative to their members. “We really appreciate the opportunity to develop a solid and trusting relationship with the members of 32BJ. We are honored to be invited to speak at […]
Read MoreOn July 12, 2013, the Pennsylvania Commonwealth Court, in SEPTA v WCAB(Cunningham), issued a decision affirming the principle that an employer does not have to prove job availability when an injured worker is disabled from all employment as a result of a non-worked related injury. The facts of this case are relatively straightforward: a worker […]
Read MoreWhat happens when the employer alleged the injured worker was terminated for cause? A female hospital worker injured her lower back, provided timely notice to her supervisor and began treating with the employer’s occupational health provider. Restrictions were placed on her ability to return to work. The employer then terminated the injured worker for alleged […]
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