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We give you answers, we give you direction
Brennan Law Offices puts you first. We have built a reputation for aggressively representing the interests of our clients, while doing the small things that put our clients at ease and let them know they are in good hands. We provide answers, we give you direction, and we put you in the best position to succeed.
We understand that hiring an attorney is a big decision so we treat you like family. We handle your case personally, beginning to end. If you have questions, we are always available to answer them, day or night, in the office or by personal phone.
We also work around your schedule and arrange meetings after hours, at your home or elsewhere. As always, consultations on most cases are free.
Also, fees are generally contingent in injury cases, meaning that you pay nothing unless you are successful.
We are proud to represent men and women throughout Pennsylvania, and have been helping injured victims and their families since our founding in 2012.
Over the years, Tim Brennan, our lead partner has been selected for a number of prestigious awards including:
We are proud to have recovered millions of dollars. In fact, we have won numerous verdicts and settlements worth hundreds of thousands of dollars each. When you are facing an uphill legal battle, this is the kind of advocacy you want. We never settle for less. We pursue the maximum compensation in every case we handle, you can trust your future is in good hands with our prestigious, award-winning, Pennsylvania law firm.
To learn more about how our team can put their expertise and experience to work for you give us a call at 610-841-4020 and we will set up a consultation. In most instances, consultations are of no cost to you.
We have helped settle and try cases throughout Pennsylvania, and we are ready to put our experience to work for you. Learn about the difference that a good attorney can make in your personal injury, workers compensation. No matter hoow complex the issues you face may be, our team is ready to advocate aggressively for you!
Past convictions and DUI charges can prevent you from getting the job you deserve, receiving a security clearance, and renting a car or a home.
At Brennan Law Offices we understand that you deserve to move on with your life.
That’s why we work with clients like you to plead down and in many cases beat your DUI prosecution.
We also can work with you to expunge past convictions so you can live your life confident that unfortunate incidents from your past won’t prevent a better future.
If you are facing a DUI charge or would like to expunge a past drug or DUI conviction from your record we have a long track record of helping people like you.
We know that every client’s circumstances are unique and we will work with you to help make that case.
Please reach out to us to find out more about what we can do to help you by scheduling a consultation. As in all of our work, most consultations are of no cost to you.
A brighter future is possible and we are here to help make that a possibility.
If you’d like to work through a difficult situation or work to clear your record, we are the law firm for you.
Unknown Attorney
Relation: Fellow lawyer in community
One of the absolute best. Exceptional attention to detail, service next to none. I endorse this lawyer.
Jonathan Lacour
Unknown Attorney
Relation: Other
I endorse this lawyer. He enjoys a great reputation in the field.
Colin McCallin
Unknown Attorney
Relation: Fellow lawyer in community
I endorse Timothy. Highly respected in the legal community. A skilled lawyer with a strong reputation for client advocacy and dedication.
Richard Geller
Workers compensation Attorney
Relation: Fellow lawyer in community
I wholeheartedly endorse this lawyer. A brilliant attorney, highly respected in the legal community.
Giacomo Behar
Unknown Attorney
Relation: Fellow lawyer in community
I endorse this lawyer. Mr. Brennan is a skilled and respected member of the legal community. He is a zealous advocate for the rights and interests of his clients
Richard Rosenstein
Personal injury Attorney
Relation: Fellow lawyer in community
I endorse Timothy. He is a highly skilled attorney that is well respected in the legal community.
Michael Waddington
Workers compensation Attorney
Relation: Fellow lawyer in community
Timothy is a quality attorney who is know for his willingness to do what is necessary to achieve the best possible outcome for his clients. I endorse this lawyer.
Timothy Belt
Business Attorney
Relation: Fellow lawyer in community
I endorse this lawyer. A highly skilled and respected lawyer in the legal community.
Sean Cleary
Unknown Attorney
Relation: Fellow lawyer in community
From reading Mr. Brennan's comments and answers on Avvo, it is clear that he is a knowledgeable and analytic attorney. If you are in eastern PA and in need of an attorney, you can't go wrong with Attorney Brennan.
J. Shumaker
General practice Attorney
Relation: Fellow lawyer in community
It has been a joy to watch my former law student Tim Brennan develop into one of the smoothest and most tenacious litigators in the Lehigh Valley. He civic-minded activities exemplify the finest traditions of the Bar, and I know that I can refer prospective clients to him with complete confidence in his skill and professionalism.
William Sloane
Workers compensation Attorney
Relation: Fellow lawyer in community
Super intelligent and highly personable. I really like Tim as a person and as a lawyer (a rare combination!). I rely upon him for advice and guidance and send him clients because I trust him and know he will do a great job.
Paul Lang
Litigation Attorney
Relation: Fellow lawyer in community
I have known Tim for over 10 years. He is an intelligent and skilled lawyer, a relentless advocate, and perhaps most importantly, a great person and dear friend.
George Bibikos
Workers compensation Attorney
Relation: Fellow lawyer in community
I have known Mr. Brennan for many years, being a fellow attorney in the workers' compensation community. I have seen his knowledge, skill and professionalism that he devotes to each and every case. I would completely endorse Mr. Brennan.
Glenn Neiman
General practice Attorney
Relation: Fellow lawyer in community
Timothy is a phenomenal attorney. He puts a tremendous amount of care and attention to detail in every case of his. I frequently refer workers' compensation cases to his office since he does an outstanding job for his clients.
Zachary Zawarski
Workers compensation Attorney
Relation: Fellow lawyer in community
I've worked with Tim on a number of matters. He always does an excellent job for his clients and gets great results. Very responsive.
Patrick Best
Workers compensation Attorney
Relation: Worked for lawyer
Tim is an experienced and dedicated attorney who works around the clock and truly fights for his client's best interests. I would, without hesitation, refer family and friends to him for help.
Timothy Kraeer
General practice Attorney
Relation: Fellow lawyer in community
Tim is a skilled attorney who cares about his clients and the law.
Leo Jackson
Criminal defense Attorney
Relation: Fellow lawyer in community
I endorse this lawyer.
Alexandra Gonzalez-Waddington
We are proud to have recovered millions of dollars. In fact, we have won numerous verdicts and settlements worth hundreds of thousands of dollars each. When you are facing an uphill legal battle, this is the kind of advocacy you want. We never settles for less.
We pursue the maximum compensation in every case we handle, you can trust your future is in good hands with our prestigious, award-winning, Pennsylvania law firm.
Some of our notable results include:
We are proud to represent men and women throughout Pennsylvania, and have been helping injured victims and their families since our founding in 2012.
Over the years, Tim Brennan, our lead partner has been selected for a number of prestigious awards including:
We have recovered millions of dollars. In fact, we have won numerous verdicts and settlements worth hundreds of thousands of dollars each. When you are facing an uphill legal battle, this is the kind of advocacy you want. We never settles for less.
We pursue the maximum compensation in every case we handle, you can trust your future is in good hands with our prestigious, award-winning, Pennsylvania law firm.
Some of our notable results include:
We have helped settle and try cases throughout Pennsylvania, and we are ready to put our experience to work for you. Learn about the difference that a good attorney can make in your personal injury, workers compensation.
No matter how complex the issues you face may be, our team is ready to advocate aggressively for you!
Asked in Breinigsville, PA , on Mar 11, 2022
My husband has not received his workers comp payment in almost a month & he is supposed to get it every 2 weeks. Last payment he deposited on Feb 14th. They have not gave us a letter or anything saying payments have ceased. I tried calling the PA dept of WC & the insurer Esis as well. I have not heard from Esis & the original claims adjuster is no longer employed by the company, I asked her how to get in touch with someone, she did not reply back. We have bills to pay, & kids to feed, & I’m not sure we can survive strictly off my income as I’m on short term disability due to childbirth. This is scaring me & stressing us out. what can we do?
Answered on Mar 12, 2022
Very much depends on the nature of the documents that have been filed with the Department of Labor. There is an easy route to request those and have them reviewed by an attorney, it would be a good idea. Early on in the claim is the most important time period, many rights are fixed in our lost. You should have a call or sit down with an attorney, get these records requested and figure out the right path forward. If this is a significant injury, there is alot to lose. Also, must attorneys will not charge for this as most will handle the case on a contingency, meaning if they do not win or settle it, there would not be a fee.
Asked in Lebanon, PA , on Feb 20, 2022
I am technically holding a part-time position. Prior to being injured I always worked a lot of overtime at my own discretion. Now my employer is trying to schedule me over my part-time hours because they said I used to always do that. While that is correct, I am on heavy restrictions and having a tough time getting through the short four hour shifts I am being scheduled. Now they continue to add more hours and I just want to know can I be scheduled over what I technically have to provide for them while I am injured?
Answered on Feb 25, 2022
It is likely early in your claim, the first few months. They potentially are trying to avoid paying you wage loss by pulling a temporary notice of compensation payable. Maybe they are trying to accept only a medical claim, which limits your rights. If it is a bit later in the claim, they my be trying to issue a suspension of your benefits without having to go to court. There is not many facts here, but there is alot of smoke and whether there is smoke there is fire. It sounds like your employer and insurer and trying to limit their responsibility on this claim. You should talk to an attorney and give them the chance for a full intake. These cases are generally contingent, so you do not pay unless there is a recovery or protection of your benefits of some sort. Good luck.
At Brennan Law Offices we are a full-service law firm ready to meet a broad range of your needs.
Whether you need to negotiate a sales agreement, deal with an unexpected civil dispute, or need any type of litigation service we are here to help you with your needs.
We like to keep you in our client family and to ensure that if something unexpected comes up or if you need long-term planning that requires legal assistance you will build a relationship with us through trust and results that matter to you.
We have expertise in a broad range of legal issues and no matter what your needs are we are here to help.
Please check out our practice area section for more specific areas of law and feel free to reach out to us to book a consultation.
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For over a decade, Brennan Law offices have been helping those injured by the negligence of others in Pennsylvania. Our lawyers handle all areas of workers compensation, personal injury, and vehicular accidents. We have also developed a reputation for excellence in handling business, animal law, expungements, and other litigation.
Our firm was founded in 2012 by nationally rated attorney Timothy Patrick Brennan Esq.
We put this expertise, experience, and reputation for getting results to work for you.
Our team at Brennan Law Offices strives to protect the rights of you and your family when you have suffered injuries or wrongful death resulting from all types of causes.
Our experienced, skilled, and compassionate lawyers perform a thorough review and investigation of your case. Our goal is to quickly resolve your issue in a way that brings you the most relief for your injuries.
We provide a full range of legal services to help you get the compensation you deserve for your injuries or the death of a loved one. We will protect your legal rights and help you get what you deserve.
We are experienced in all of the following types of cases:
Brennan Law Offices is always happy to meet with clients and help them get the best resolution possible to their problems.
If we can’t best serve your needs, we will help you find someone who can. Tim has developed an extensive network of trusted and experienced lawyers he may refer clients to if their cases require further specialization.
If you are an employee of a Pennsylvania correctional institution or a mental health institution and have been injured in the course of your employment, you are entitled to receive your salary until you can return to work for your employer at a salary equal to the salary earned at the time of the injury. Act 534 benefits are separate from benefits under the Pennsylvania Workers’ Compensation Act. Under the act, you are entitled to benefits as long as the work-related “disability” prevents you from returning to the Department’s employment at your pre-injury salary. Section 1 does not require the actual availability of a position with a Department to be eligible for benefits.
At Brennan Law Offices, we want to help fight for the compensation you deserve under Act 534. Please reach out to us to learn more about your rights under the Act.
Tim has been licensed to practice law in Pennsylvania since 2014. Tim has extensive experience in criminal defense, civil litigation, personal injury, and workers’ compensation matters. Tim attended law school at Widener University School of Law in Wilmington, DE where he graduated with honors and finished in the top twenty percent of his class while earning Dean’s List Honors and Certificates of Achievement in several subjects.
Tim grew up in West Chester attending SS. Simon & Jude and then Bishop Shanahan High School in Downingtown. Tim attended Western Michigan University in Kalamazoo, Michigan where he graduated summa cum laude while earning a Bachelor of Science degree in Aviation Flight Science. Tim holds multiple pilot certificates including a commercial pilot certificate and certified flight instructor privileges.
After Tim earned his bachelor’s degree, Tim felt a desire and an ability to do more for people. Tim enrolled in law school the following year. Tim began his legal career as an unpaid student intern at a small law office in West Chester. Through hard work and determination, Tim earned a position as an Associate Attorney. There, Tim learned to advocate on behalf of those injured in accidents, as well as those facing criminal prosecution.
After several years of hard work at that firm, Tim decided to use his experience and joined a large firm specializing in insurance defense in Allentown. Tim quickly discovered that the drive he had for law and his desire to help people were not being fulfilled when the clients were large insurance carriers. Tim decided to take that experience back to the “other side” and uses it to his advantage and to the advantage of those injured in accidents. Tim has appeared in almost every district and county court in the region and worked on behalf of hundreds of clients facing a variety of legal hurdles.
Tim currently resides in Northampton. He is an avid fan of both the Philadelphia Phillies and the Philadelphia Eagles. He has a background in music, having played concert piano since 4th grade. He also has a passion for animals and is the proud father of two adopted pets: a dog named Nox and a three-legged cat named Jaco.
The prospect of working with an attorney in this type of case can be intimidating. After my first consultation with Mr. Brennan, I had a clear understanding of the law, my case and the possible litigation options. Mr. Brennan kept me informed on the court process on a regular basis and followed up to ensure I was involved. Mr. Brennan’s research, attention to detail and litigation skills were of enormous…
I worked with Attorney Brennan in the resolution of my parents’ estate. I had heard of him through a mutual business associate and was extremely satisfied with Tim’s expertise, professionalism and communication throughout the process. Tim counseled me on nuances of estate law that had implications we never would have been aware of. In fact, I plan on working with Attorney Brennan to review my personal estate plan. He is knowledgeable, responsive, and works with the highest standards of integrity. I would definitely use his services again.
Timothy Brennan, Esq. has advised myself and my family several times on various common legal matters and questions. His work ethic and dedication to his clients and the practice of law is clear to all who interact with him, and it is also evident that his heart is in the right place when it comes to his motivation for practicing law–he is motivated by a sincere and altruistic desire to serve his clients to the best of his ability. He is also making a name for himself as an excellent practitioner of election law.
Timothy Brennan is one of the most well versed lawyers I have met. I have worked for major law firms such as Pepper Hamilton and Ballard Spahr in Philadelphia and for Pennsylvania attorneys…..Timothy is like no other. I had the pleasure of sitting with him on a Sports Law panel and his litigation work with NFL players is impressive. I completely endorse Brennan Law Offices and look forward to working with him in the future.
I unhesitatingly recommend Tim to people when they are looking for a lawyer because I know that he’ll always do an excellent job for them. I’ve had the pleasure of working with Tim on cases in the past and his expertise, work ethic, and zealousness are second to none. There are few lawyers you will find of this caliber.
Tim Brennan is a well accomplished real estate attorney who is an expert in his field. If you have anything related to Real Estate, you need to talk with Tim. He is able to quickly come up with the right plan and process for your issue. In our case, Tim handled a few very technical real estate deals and saved us time and money. He explained everything and answered all of our questions. When you want the best, call Tim!!
Attorney Brennan provides loyal and hardworking support to his clients in a variety of fields like workers compensation, election law, and personal injury, to name a few. In my time working with Tim, he has proven to show care, compassion and dedication to each person’s individual needs.
For my first time seeking legal council, I could not be happier. I received a call the second business day, received good advice and information to get me on my way. Knowledgeable, courteous and informative. I look forward to working further with Timothy in the future and I strongly recommend him.
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Asked in Hamburg, PA , on Jan 29, 2022
The insurance carrier received the doctors IME Report and it says that I am maybe capable of returning to an easier job with restrictions. A company working for the insurance carrier made a summary of this report and it says that I can return to work immediately. Is that false information?
Answered on Jan 29, 2022
Well IME’s are paid opinions and not medical treatment information. In my experience, they tend to have a fair amount of fiction in them. That said, it is clear that you are in an important stage of your workers compensation case. This is likely a precursor to the insurance company filing a petition to stop your benefits. You will likely need to hire and depose a doctor in response, so now would be the time to start talking to an attorney if you do not have one already. It is even more important if you are in the first 90 days after an injury. How the next several months go, whether you have funds during that period and many important issues are likely to be decides in the next short period of time. You should get the help you need on it. Good luck.
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Pennsylvania Bar Association Civility in the Profession Committee, Member 2020-2021
Workers’ Compensation Law Certified Specialist, Pennsylvania Bar Association 2019-2021
National Association of Distinguished Counsel, Nation’s Top One Percent 2015-2021
Doylestown Borough Council, Member 2015-2021
Pennsylvania Super Lawyer, Rising Star, Super Lawyer 2012-2021
Disciplinary Board of the Supreme Court of Pennsylvania, Hearing Panel Member 2012-2020
Third Annual Municipal Law Colloquium, Northampton Bar Association 2021
Athletes & Agents Conference, 2012 National Bowl Game, Panelist 2012
Pennsylvania Bar Institute, 2nd Annual Equine Law 2010
BBC World News, 2010 United States General Election Coverage 2010
Pennsylvania Bar Institute, 1st Annual Equine Law 2009
Why Don’t Americans Care? Business Matters, WFMZ Channel 69 2009
Pennsylvania Bar Institute, 4th Annual Animal Law Seminar (with Governor Rendell) 2007
Dickinson School of Law, Equine Law, Guest Speaker 2007
Nativity B.V.M. High School, Terrorism and the Constitution, Guest Speaker 2003
Lorem Ipsum is simply dummy text of the printing and typesetting industry. Lorem Ipsum has been the industry’s standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book. It has survived not only five centuries, but also the leap into electronic typesetting, remaining essentially unchanged. It was popularised in the 1960s with the release of Letraset sheets containing Lorem Ipsum passages, and more recently with desktop publishing software like Aldus PageMaker including versions of Lorem Ipsum.
Asked in Lancaster, PA , on Jan 24, 2022
My job is walking distance from my house and I don’t drive but I have to uber to therapy/doctors appointments. I hurt my wrist/hand and have an ongoing workers comp case. Can I be reimbursed? How would I go about it?
Answered on Jan 26, 2022
Travel expenses incurred by the employee to obtain medical treatment that is, or can be, provided locally will not be reimbursable. Helen Mining Co. v. WCAB (Tantlinger), 616 A.2d 759 (Pa.Cmwlth. 1992). However, there is a case where it was not even determined that care was not available locally that was reimbursed when the travel expenses were an integral part of his medical care. Barnyock v. Workmen’s Comp. Appeal Bd. (Garden State Tanning), 664 A.2d 683, 685 (Pa. Commw. Ct. 1995). As someone said, it would be difficult to get this paid, but they may do it voluntarily under these circumstances. I never trust the insurance companies at all, there is always something going on in the background but if you claim is actually accepted (which is not as clear as it sounds), they likely would want you to get better and that is the way you may want to frame it. All of that said, you should get an attorney, many attorneys will not even take a fee until they are successful in some fashion on your claim. There are so many small fights in WC that that happens eventually. You would be better off in the long run getting help, claim end better that way. Good luck.
We give you answers, we give you direction
Brennan Law Offices puts you first. We have built a reputation for aggressively representing the interests of our clients, while doing the small things that put our clients at ease and let them know they are in good hands. We provide answers, we give you direction, and we put you in the best position to succeed.
We understand that hiring an attorney is a big decision so we treat you like family. We handle your case personally, beginning to end. If you have questions, we are always available to answer them, day or night, in the office or by personal phone.
We also work around your schedule and arrange meetings after hours, at your home or elsewhere. As always, consultations on most cases are free.
Also, fees are generally contingent in injury cases, meaning that you pay nothing unless you are successful.
We know hiring an attorney is a big decision – we get that and treat you like family. We handle your case personally, beginning to end.
You remain our number one priority throughout your case. We are always available to answer your questions, day or night, in the office or by personal cell phone.
We also work around your schedule and arrange meetings after hours, at your home or elsewhere. As always, consultations on most cases are free.
Also, fees are generally contingent in injury cases, meaning that you pay nothing unless you are successful.
At Brennan Law Offices, we put you first.
We have built a reputation for aggressively representing the interests of our clients while doing the little things that put our clients at ease and let them know they are in good hands.
We give you answers, provide you with direction, and fight to put you in the best position to be successful.
Tim Brennan was raised in the coal region where he worked in his family’s mom-and-pop restaurant. Beginning his legal career in the Lehigh Valley as a solicitor for Northampton County and the City of Bethlehem. Tim lives in Doylestown and serves as a member of the Doylestown Borough Council.
Prior to founding the firm Tim worked for the Governor’s Office of General Counsel and at a prestigious liability defense firm. Tim has served as Assistant Solicitor for the City of Bethlehem, Solicitor for the Northampton County Controller, and Assistant Solicitor for Northampton County.
Tim graduated from Widener University School of Law, where he was a leadership scholar, served on Law Review and graduated cum laude. Tim has numerous publications in the field of equine law and redistricting law, has appeared several times before the Commonwealth Court, and has lectured on various topics at the Dickinson School of Law and for the Pennsylvania Bar Association. He has appeared on numerous local and national television and radio shows.
Tim volunteers for a number of charitable, legal, political, religious, and community organizations in his free time and is also an Adjunct Professor at Northampton Community College. Tim is a member of the New Jersey and Pennsylvania bars.
We are available to meet anytime in Allentown, Doylestown, Pottsville and elsewhere. We serve clients statewide for most cases and actively practice throughout Eastern and Central Pennsylvania, including:
Animal law combines statutory and case law covering issues dealing with companion animals, service animals, wildlife, and injuries to people and animals. Animal law intersects with nearly every area of law, and navigating these issues can be complex without an expert helping you along the way.
Tim Brennan, our founding partner, is one of the few attorneys in Pennsylvania with extensive experience and expertise in animal law and equine law and has taught lawyers and law students in Pennsylvania about these practices.
At Brennan law offices we handle cases with serious injuries to animals and people.
No matter the size of your business, at Brennan Law Offices, we know that your business is your bread and butter. Owning a business isn’t just a job it is a reflection of who you are. So we treat your business and your investment with the personal touch and concern you would want for yourself. Our goal is to ensure your business and financial well-being are soundly protected. We are experienced in all types of business matters, specifically:
Drafting, review and revision of contracts
Business formation and incorporation
Business counseling
Purchase and sale of goods
Purchase and sale of a business
Business expansion transactions
Commercial leases
Shareholder agreements
Drafting of business operation agreements
Real Estate and business development contracts
Business planning and operation can be complicated and requires forethought. However, we have a team of professionals to assist you in all aspects of business planning, operation and growth.
We at Brennan Law Offices strive to protect the rights of individuals and their families who have suffered injuries or wrongful death resulting from all types of causes. Our experienced, skilled lawyers perform a thorough review and investigation of your case. We have one goal in mind – to successfully and quickly resolve your case in a way that brings you the most relief for your injuries. We are a multifaceted personal injury law firm offering a full range of legal services intended to get you the compensation you deserve for your injuries. If you are seeking representation we a committed to establishing and protecting your legal rights.
We are experienced in all of the following types of cases:
Brennan Law Offices is always happy to meet with clients and help them get the best resolution possible to their problem.
If necessary, Tim has developed an extensive network of trusted and experienced lawyers he may refer clients to if their cases require further specialization.
Have you been injured while at work or in the workplace? Or, are you out of work due to a work-related injury? If you answered yes to either of these questions, our firm will help you with your worker’s compensation claim. Brennan Law Offices provides financial relief and support to people injured at work. Our firm is in your corner and will fight for working families.
Workers Compensation Laws in Pennsylvania
Filing a claim for workers’ compensation can be frustrating and overwhelming, and the system often seems stacked against an injured claimant when someone with knowledge of Workers Compensation laws on your side will ease the frustration of filing a lawsuit and getting what you deserve. We provide each client with high-quality legal services so a settlement or recovery is possible.
Worker Compensation Act
The Pennsylvania Worker Compensation Act provides that all employers, including non-profit organizations, must issue workers’ compensation insurance for all employees. Including full-time employees, part-time employees, and seasonal employees (but not contractors). Time is of the essence and plays a big part in filing a claim, so you must act immediately. Illnesses from exposure to certain materials such as asbestos or benzenes are covered under the Workers Compensation Act. These exposures can lead to a lifetime disability and work-loss benefits and medical benefits may be covered. We fight for both the rights of the worker and their families so they can help get their lives back in order. We at Brennan Law Offices can give you that relief and the compensation you deserve.
No fee unless we get compensation for you.
Most worker’s compensation cases are handled on a contingency basis. We only get paid if you get a positive result. Whether by winning your case, preventing the insurance company from stopping or altering your benefits in your favor.
We support union workers with a union discount
Our team at Brennan Law Office come from Union families and has fought hard for union workers. We show that commitment by providing a union discount below the general statutory fee in solidarity with our friends in organized labor.
Brennan Law Offices is always happy to meet with clients and help them get the best resolution possible to their problems.
If we can’t best serve your needs, we will help you find someone who can. Tim has developed an extensive network of trusted and experienced lawyers he may refer clients to if their cases require further specialization.
Tim Brennan was raised in the coal region working in his family’s well-known mom and pop restaurant. He began his legal career in the Lehigh Valley as a Bethlehem and Northampton County Solicitor. He currently lives in Doylestown and, in addition to his legal work, serves as a member of the Doylestown Borough Council.
Mr. Brennan graduated from Ursinus College in 2000, receiving his Bachelor of Arts with a double major in English and Politics and a double minor in International Relations and American Studies. During this period he served two United States Congressional Internships with Congressman Joe Hoeffel and Congressman Tim Holden.
Mr. Brennan also graduated from Widener University School of Law in 2003, where he was a leadership scholar, served as a senior member of the Law Review, and graduated cum laude. He received the 2003 Widener Law Journal Outstanding Student Article Award for his article on Pennsylvania’s redistricting. He also studied at Trinity College in Dublin, Ireland, and Charles University in Prague, Czech Republic.
Mr. Brennan previously served as an attorney for a large defense firm and for the Governor’s Office of General Counsel. He was appointed Assistant Solicitor for the City of Bethlehem in 2005 by Mayor John B. Callahan, where he also represented the Police and Fire Pension Funds. In 2008 he was appointed as Solicitor for Northampton County Controller Stephen J. Barron. In 2018 he was appointed Assistant Solicitor by Northampton County Executive Lamont McClure.
Mr. Brennan has been published in the fields of equine law and redistricting law has argued several times before Commonwealth Court, and has lectured on various topics at the Dickinson School of Law and for the Pennsylvania Bar Association. He has appeared on numerous local and national television and radio shows.
Mr. Brennan volunteers for or has founded a number of charitable, legal, political, religious, and community organizations and has served as an Adjunct Professor for Northampton Community College. He is a member of the Pennsylvania and New Jersey Bars.
Experienced in business and contract law, property and real estate law, tort and personal injury law, worker’s compensation, debtor/creditor law, municipal law, equine law, election law, civil rights law, administrative law, eminent domain, and other fields.
Professional Services and Awards
Legal Publications
Speaking Engagements
Activities
Rating: 5.0
I am so thankful I contacted Mr. Brennan for a consultation! He was compassionate, knowledgeable, and took time to explain my options. He thoroughly answered all of my questions and we discussed next steps. He responded to my inquiry very quickly and followed up after we spoke. I feel much more at ease with my situation.
anonymous
Asked in Hazleton, PA , on Dec 7, 2021
My job sent me an hour away in their company truck. As I was on my way home the truck started wobbling and the back tire ended up falling off.
Answered on Dec 8, 2021
If you are injured, you generally would have a claim under WC. Often times, an employer will have immunity for their negligence if there was a work injury. However, you really should speak with someone and provide all the facts. Most of these cases would be contingent, meaning you do not pay unless something is recovered for an injury. Good luck.
Asked in Warminster, PA , on Dec 7, 2021
I recently had surgery that my supervisor knew about a month a head and helped me choose the date . I had surgery and had to be out for 7-10 days because my doctors note was not accepted . They told me to go on STD but was denied because illness was not severe . I occurred occurrences during my 1.5 weeks off and am being terminated for having too many missed days . Can I fight this ? This is not fair and it was planned with the supervisor and told in advanced before they hired me. It’s a large company so I am just a number , but this is wrongful termination.
Answered on Dec 8, 2021
This is slightly off topic, however, if you have a physical injury that gets worse because of work, even if it was not originally work related, it can be covered under WC and when you are terminated with restrictions there is a much more direct path to be compensated. An injury can occur from an “incident” or from repetitive trauma or the like. I see this scenario alot with injured workers and they often do not realize this. In terms of your specific injury, you may need to provide more information for example, where you in a Union or was there an agreement. What was the nature of the condition, was it permanent or temporary, what were the policies and was there compliance and was there any effort to seek an accommodation. Good luck.
Asked in Shickshinny, PA , on Nov 23, 2021
I have a tear on my labrum so I’m on light duty
Answered on Nov 29, 2021
You likely have to provide more information and talk to someone on this. If you are a Union employee, you may have a contract provision on it. Most people work at will and you would not have a general entitlement to overtime. They cannot deny you overtime solely because of a disability or they could violate the ADA, but would be hard to enforce. I think Attorney Neiman is right that the focus should be on why you are not getting paid by the WC insurer for your wage loss. It raises some questions about whether the claim is being handled correctly. If you are past the 90 day period or if you have a basis to avoid the panel providers I would generally recommend that for my clients. You should talk to an attorney, these cases are contingent, unless an attorney is successful for you in some why there is generally not a fee. Some will also represent you if you are already receiving benefits until they do something to benefit you. Claimants are always better off getting help. Good luck.
Asked in Lake Ariel, PA , on Nov 15, 2021
Hello on august of last year I had surgery for a hernia I got while at work. I was out 6 weeks ànd on light duty for 2 more. About March of 2021 I started to have pains in my gut where I had the surgery I was out for a few days here and there for it and chalked it up to gas. In April o. The 22 I carried a pump that weighted 250 about 100 yards. At the job I was at we work a 4 day work week 10 hour days Monday thru Thursday on Friday my back was stiff but bearable. Saturday I couldn’t even get out of the bed. Çome Monday morning I called to tell my boss that I had hurt my back carrying that pump. That same day I got my daughter’s results for a covid test they were positive so when they were sending me to the Dr I was in isolation. Long story shorter for a little over a month I couldn’t walk and had the worst back pain I’ve ever experienced. After going to comps Dr and getting shots that weren’t helping my wife called a specialist who ordered a MRI. The results from that were that I had discitis in my lower back (a bacterial infection) the infection according to my Dr came from the hernia surgery. I missed my hearing for comp cause I got evicted and left the state and missed the hea
Answered on Nov 21, 2021
My goodness, what a strange result. I just handled a case with an infection like this that occurred as a result of a Toradol injection just after a minor back injury that led to a major operation. There are a number of administerial concerns I would raise – you have to give notice of a new work injury within 120 days of the occurrence or knowledge of the injury and you have to make a claim within 3 years. It is unclear the specific facts and you would want to talk to a WC attorney to flesh this out further. All cases turn on their individual facts, there will be questions raised about the delay, but that does not mean the claim will be foreclosed. It actually sounds like you have a case, you just need to find the right attorney and experts. Side note, things are not as hopeless as they may seem right now, get an attorney get the case handled, get your medical condition straightened out and you will be back to a better place in a reasonable amount of time. Good luck.
Asked in Philadelphia, PA , on Nov 17, 2021
I lost a kidney I haven’t been the same ever since I get really bad infections I have low energy as well as pains an they don’t really understand at work it’s hard because I feel my life expectancy was cut short an I don’t feel comfortable working in those conditions anymore because iam scares of reaccurance Now it’s been about 8 month since surgery but I thought I’d recover an it’s not east working like this iam around chemicals daily Along with soil dirt silica insulation an who knows what Else I had cance but it was in one kidney an tests said it wasnt genetic
Answered on Nov 21, 2021
To honestly know if you have a workers compensation claim, the best thing to do would be to sit down or call (these days) and have a lengthy discussion about your work environment. Sometimes there are things that come up in that process that allows a claim to be made. I had an individual with cancer who worked with spray foam and it had toluene diisocyanate in it which is a carcinogen. There are any number of circumstances this can come up and with certain chemicals and professions there may even be a work related presumption. It really does take a deep dive in these cases and it is unclear without the help of medical experts and more facts if this is related to work. That said, I strongly encourage you to talk to an attorney immediately. You are required to provide notice within 120 days of learning you have a work related injury. If you medical records describe a doctor telling you about it or about your suspicions if could make it very difficult for you attorney. Talk to someone ASAP would be my suggestion.
Rating: 5.0
I presented my case to Mr. Brennan he took my case and it was a difficult one. I appreciate that fact that he was honest with me and it was a possible I may not win and I trusted his judgment. We won the case, and I stand by him. I would definitely recommend him.
Forever grateful !
Tracy
Asked in Coatesville, PA , on Oct 24, 2021
A car was parked in back of me. I hit it by accident they had damage and I was injured. I didn’t go right away fir treatment because I got covid
Answered on Oct 25, 2021
It sounds like you were injured in a car accident at work, based on your posting. You may need to provide some additional details but if you were injured and you were working you should be able to recover WC benefits. Whether you were negligent, is not an issue in the WC context. You should contact someone who handles these matters and actually talk through it with them, that way you could provide additional needed facts. Good luck with the case and I hope you are feeling better with the COVID.
Asked in Kutztown, PA , on Oct 18, 2021
Hi, I work at a building for student living. Recently, I had a small injury and had to file a worker’s comp claim. I got back to work the next week, and when scheduling for November, I noticed that my hours were cut from 9 to 15 a week to 4. When I asked about this, my boss responded with “well, no employee is entitled to any shift.” and “We don’t have the space in the office” when we have more people working now, with the same amount of people in the office. The schedule is the same, but they have removed me from my longest shift. Would this be considered retaliation?
Answered on Oct 19, 2021
It is hard to say with the information provided, it really would depend on far more facts. There is a line of cases that provide some protections from termination for a non-Union employee who makes a WC claim. Shick v. Shirey. As a WC attorney, if someone like you walked in my office, my main concern would be if you really had a minor injury. Alot of times, the WC doctors do not work very hard to find an injury. Often times, you see MRIs and diagnostic testing deferred for far too long. Your WC rights can change very quickly in the first 90 days, this period is the most important in any injury case. You should actually talk to a WC attorney because there could be far more going on in the background then you realize. If you don’t do it quickly, such as in the first 90 days, there are alot of easy opportunities that could be lost, which may require a painful fight down the road. Good luck.
Asked in Harrisburg, PA , on Oct 7, 2021
I have been in a workers compensation nightmare the past 90 days. My employer has been influencing my work restrictions forcing me to work a full 8 hours a day light duty yes but painful nonetheless. I went to another Dr my own Dr and they knocked me back to 4 hours a day instead of 8. The panel Dr wouldn’t even do that. A Dr at concentra finally cut my hours back only for the dr I was referred to put me back to 8 hours a day.
Upon informing my employer that my hours were reduced to 4 hours a day he had a fit and wanted to talk to my Dr’s. No doubt to try to make them keep me suffering at 8 hours a day.
Answered on Oct 7, 2021
The first 90 days of a claim area usually the most important of any claim. You should pay close attention to the paperwork, it could be that they are only temporarily accepting your claim and they could be looking for reasons to pull the temporary acceptance and leave you without protections. Alternatively, maybe they may have accepted a claim and are trying to file a suspension to stop your benefits – frequently people are then let go without any responsibility to the former employee. During the panel period you often see people not getting the tests they need or getting injured worse in PT. You did not provide much details, but all and all, you need a good WC attorney to get you through it. If you are already receiving benefits many attorneys will not even take a fee until they do something to preserve your benefits or settle the case. Now would be the most important time to get help. If you receive a notice of modification or suspension, you need to act even quicker. Good luck.
Asked in Philadelphia, PA , on Oct 1, 2021
In March of this year I was involved with a chemical accident at work were I sastained 2nd degree burns and face scaring and loss of hair, I didn’t go to the hospital but I have pics and have scaring in my head from the chemical
Answered on Oct 3, 2021
You may be able to make a claim for both workers compensation and in a civil suit, but it will be very much fact dependent. You will be entitled to WC benefits and should contact a WC attorney as the insurers tend to ask people to sign papers in these cases that are not always fair. There are also several things that can be done to maximize your case. On the civil side, unfortunately, your employer cannot be sued in a civil suit as they have immunity under the WC act. Also, since you are only entitled to wage loss, medical benefits and for disfigurement/scarring based on your average weekly wage (which sometimes can lead to unfair results), in cases like this, it is always important to try and find a 3rd party to sue. In a third part suit you can have broader damages, including pain and suffering. That said, you may also need a civil attorney as well or any attorney that does civil and WC. Good luck.
Asked in Kane, PA , on Sep 12, 2021
My son was hurt in a logging accident parallelized his arm but the co that he was working with had no insurance so he couldn’t collect anything ! He can’t work he’s in so much pain still he needs housing an no one will help
Answered on Sep 12, 2021
You should talk to an attorney that specializes in Worker’s Compensation. In many states, including Pennsylvania, if the PA Worker’s Compensation act applies to the injury there is a fund created to address uninsured employers. The rules about whether the Pennsylvania Worker’s Compensation Act would apply are very complicated, but they include the situation where the contract for hire was made in Pennsylvania even if the injury occurs elsewhere. Additionally, if he sits down or calls an attorney that handles these matters, they may also be able to see a personal injury claim. At least in Pennsylvania, immunity under the Pennsylvania Worker’s Compensation Act for the employer can be avoided at times when the employer is uninsured. He definitely needs more assistance and an individual discussion with an attorney that handles these matters.
Asked in Bloomsburg, PA , on Sep 7, 2021
I am a nurse In a nursing home in the state of Pennsylvania who caught covid-19 and I have had some severe complications from it. My doctor said I can return to work on a light duty basis but my job has told me I must return without being on light duty or I am fired even though workers who get injured on the job can work light duty till fit to return to full duty status.
Answered on Sep 8, 2021
These Covid cases are very difficult. If you have long-term complications, you may want to be sure that they’ve actually accepted the injury in the first place. Often times there will be a temporary acceptance followed by a denial. If you’re currently out of work, now may be the best time to fight this out. You should really talk to a workers comp attorney who has dealt with these Covid claims, if there a long term issues, there could be a lot to lose by not pushing the issue. Good luck.
Asked in North Wales, PA , on Aug 31, 2021
I was fired via text tonight following an apology/explanation for not getting to work when expected. I have no set hours typically show up whenever. However I was delayed because I was having an issue related to a recent surgery. This was causing pain and I took my prescribed medication for that pain. However I am not allowed to drive on it. Before I could say that I would ask for a ride and after explaining why I hadn’t made it in yet couldn’t drive I was fired. I had never once received any disciplinary talks, warnings, or complaints. On top of that, I consistently complete my work effectively and efficiently.
Answered on Sep 3, 2021
I am not sure of the specifics of your injury, but another thing to consider is that a work injury can include a worsening of a non-work related condition or a progressive condition. If you had some type of condition in that realm, you may also want to consider talking to a workers compensation attorney. If you had restrictions related to this type of injury, there is a a presumption that your lost wages after termination are work related. You would need to provide more facts. Good luck.
Asked in Red Hill, PA , on Aug 26, 2021
I work in PA and have been with the company for 13 years. I currently work 4 days a week, part time. Agency is understaffed and they approached me and told me I had to work 5 days and it’s non negotiable. I said that doesn’t work for me bc of my kids and my health. I was diagnosed with thyroid cancer this past year and I still struggle physically and have dr appts. I need that day off. They responded that they will take that has my resignation and my last day is 9/9. Can they do that? I see that more of a firing than resignation. Would I be eligible for unemployment?
Answered on Aug 27, 2021
Given that you have such a long history with the employer, you may also want to consider if there was any occupational exposures that could lead to thyroid issues. The occupations that see an increase in that include medical, dental and veterinarian offices, hospitals, security jobs, firefighting, fracking, air travel, a work site with high levels of radon (which is prevalent) and some industrial/manufacturing jobs. If this is the case or if there may be some fact specific issues not mentioned, you should talk to a workers compensation attorney on that issue. Good luck.
Asked in Philadelphia, PA , on Aug 12, 2021
I had to resign due to the injury. I had back surgery two years ago from work related injury and was never right since. I’d like to pursue different opinion and possible surgery to fix the ever ongoing pain. But I resigned from my job, mainly Bc I could not carry out the duties physically anymore and felt they were bullying me out the door…please help
Answered on Aug 17, 2021
I agree with past attorney, to the extent you have a accepted injury, you will still have medical benefits for whatever injury was accepted. That said, they never accept the right injury. You have three years to make a claim, you should contact someone and give the specific facts as soon as possible. If you resigned for reasons related to the work injury, you may also receive wage loss for the time you did not work. The consults on these cases are free, so there is not much to lose and there is alot to gain. Good luck.
Rating: 5.0
So grateful for everything Tim and his associates have done for me! It was my first, and hopefully my last, time going to court for a traffic violation and I had no idea what to expect or what course of action was best for me. Tim and his associates were very helpful in addressing all of my questions and concerns in a prompt and thorough manner. I can not recommend Tim Brennan and his associates enough!
Samantha
Municipal Law
So grateful for everything Tim and his associates have done for me! It was my first, and hopefully my last, time going to court for a traffic violation and I had no idea what to expect or what course of action was best for me. Tim and his associates were very helpful in addressing all of my questions and concerns in a prompt and thorough manner. I can not recommend Tim Brennan and his associates enough!
–Samantha
Asked in Bristol, PA , on Aug 3, 2021
I injured my shoulder outside of work and fractured my shoulder and can not preform my normal work duties and requested light duty and I have a doctor’s note stating I must be on light duty until further notice can my employer refused or ignore medical recommendation
Answered on Aug 5, 2021
It is not clear if you are asking about a workers compensation injury, given the title you listed under. Either way, you may want to consider requesting FMLA leave. You do not mention anything about the size of your company, which may be relevant. Also, if you worked and got worse or end up working and getting worse, even a non work condition, if worsened could be compensated under WC. Good luck.
Asked in Philadelphia, PA , on Jul 29, 2021
I am a nurse on a Covid recovery unit I injured my knee preventing a bariatric patient from falling at work 7/20/2020. MRI showed meniscus tears. I had sx for this on 12/192020. My knee continues to be painful and freezes. Surgeon recommendation KR bc space has diminished. The day after preop testing for sx Aug 5. I received letter (to the day coincidently) July 20, 2021. According to IME knee sx not from work injury. Can you help me? Thank you. Nurse
Answered on Jul 30, 2021
You can challenge the IME and file a claim petition to establish that the condition is work related. You probably also want to think about the doctor you are with. Sometimes people stay with the panel providers who write the notes in a way that undermine acceptance of an injury. The WC insurers are often unwilling to accept a claim until a doctor testifies.
Rating: 5.0
Can’t say enough about Tim and the help he provided me. I was injured at work, and I didn’t know what my rights were or what I should do. Tim thoroughly explained the law to me, what my rights were and the best way to protect myself. He helped me through a difficult time and I was very happy with how my case was handled. If you’ve been injured at work, give Tim a call. He cares about his clients.
Richard
Can’t say enough about Tim and the help he provided me. I was injured at work, and I didn’t know what my rights were or what I should do. Tim thoroughly explained the law to me, what my rights were and the best way to protect myself. He helped me through a difficult time and I was very happy with how my case was handled. If you’ve been injured at work, give Tim a call. He cares about his clients.
—Richard G
Rating: 5.0
Tim helped us with a work related injury, this whole process was over 3 year’s, because the injury was so bad, he never gave up, and guided me through the whole process, ensuring that I received everything that I was entitled to. Tim is an excellent lawyer and most importantly, he is a kind and caring person. I would definitely reccomend him
anonymous
Workers Compensation
Can’t say enough about Tim and the help he provided me. I was injured at work, and I didn’t know what my rights were or what I should do. Tim thoroughly explained the law to me, what my rights were and the best way to protect myself. He helped me through a difficult time and I was very happy with how my case was handled. If you’ve been injured at work, give Tim a call. He cares about his clients.
–Richard
Rating: 5.0
Tim was excellent to have as an attorney for my workers compensation case. I was very happy with his care for my compensation case which can be quite a stressful thing to handle, Brennan Law Offices helped take some of that stress off my back during those times. I was very happy with his work and the doctors he was able to refer me to were very helpful.
Jack
Workers Compensation
Tim was patient with my very long and unusual case. Without the help of Brennan Law Offices I would’ve been another young, inexperienced worker who didn’t get their fair compensation after a workplace injury because of how sly and deceptive workers compensation insurance companies can be. He was very responsive to any questions I had and made sure I understood every step moving forward in my case.
–Anonymous
Rating: 5.0
Tim is incredibly professional, reliable, and pleasant to work with. He made my experience unimaginably easy. I was extremely impressed with his quick responses and how proactive he was in making sure I had everything I needed for success. He answered all my questions quickly and thoroughly and was a great negotiator. I’m grateful to have found him and would happily recommend his services.
Megan
Tim is incredibly professional, reliable, and pleasant to work with. He made my experience unimaginably easy. I was extremely impressed with his quick responses and how proactive he was in making sure I had everything I needed for success. He answered all my questions quickly and thoroughly and was a great negotiator. I’m grateful to have found him and would happily recommend his services.
—Megan L.
https://lawyers.justia.com/lawyer/timothy-patrick-brennan-1357487/client-reviews
Tim Brennan is a great attorney! If you want an attorney that cares about his clients, give him a call. I wasn’t the greatest client, yet he was patient with me, empathetic and fought hard for me. He responds quickly and never leaves a question unanswered. He will go the extra mile for his clients to ensure that they are making the best/right decisions for the present as well as the future. He definitely takes his job seriously. Thanks Tim
—Richard R.
Rating: 5.0
Tim Brennan is a great attorney! If you want an attorney that cares about his clients, give him a call.
I wasn’t the greatest client, yet he was patient with me, empathetic and fought hard for me. He responds quickly and never leaves a question unanswered. He will go the extra mile for his clients
to ensure that they are making the best/right decisions for the present as well as the future. He definitely takes his job seriously. Helped me tremendously. Thanks Tim!
Richard
Workers Compensation
Tim Brennan is a great attorney! If you want an attorney that cares about his clients, give him a call. I wasn’t the greatest client, yet he was patient with me, empathetic and fought hard for me. He responds quickly and never leaves a question unanswered. He will go the extra mile for his clients to ensure that they are making the best/right decisions for the present as well as the future. He definitely takes his job seriously. Thanks Tim!
–Anonymous
Tim Brennan is a great attorney! If you want an attorney that cares about his clients, give him a call. I wasn’t the greatest client, yet he was patient with me, empathetic and fought hard for me. He responds quickly and never leaves a question unanswered. He will go the extra mile for his clients to ensure that they are making the best/right decisions for the present as well as the future. He definitely takes his job seriously. Thanks Tim!
–R. Romero, Jr.
https://lawyers.justia.com/lawyer/timothy-patrick-brennan-1357487/client-reviews
Rating: 5.0
Had a workman’s compensation case. Was not sure how to even pick a lawyer as I had never needed representation before. Actually decided on Attorney Brennan because of his discounts that he offers to Emergency Responders, and I am very glad I did. Attorney Brennan was extremely knowledgeable, down to earth, but very professional. Since it was the first time I had been involved in a legal proceeding, I had a lot of questions and he was always quick to return calls and emails with answers to walk me through the whole thing. You will I have already recommended Attorney Brennan to a friend and will continue to do so to anyone I know that needs an attorney.
Bill
Answered on Jun 16, 2016
Ultimately, assuming there is no statute of limitations issues you should be able to move forward with your case. Even if there were issues, you seem to have valid reasons for your absence. You should advise the judge of these issues in advance. Much depends on the judge about whether it would be dismissed, different judges handle things differently. Regardless, the other posters are correct, you should have an attorney, these cases are contingent and you do not really risk anything. Also if you are already getting benefits there is generally not a fee until the attorney wins in some regard. Good luck.
Asked in Reading, PA , on Jun 9, 2016
I had a panel Dr appt yesterday and also had my first physical therapy appt and I was too sore and in pain which is normal after first session I called and reschedule for Friday because I knew I wouldn’t make it today and I took my muscle relaxers last night and today in the morning this pill makes me drowsy,sleepy and lightheaded my employer is obligating me to go today as they went and schedule me today without my consent I called manager and said I could not make it today and explained why they still want me to go and said if I didn’t go they can deny my case I am still under the first month someone please help me
Answered on Jun 13, 2016
The WC insurance company will take advantage of injured workers for as long as they can get away with it. Often they will tell you exactly who to treat with even in the first 90 days, which is inappropriate. You should have a list of provider, many of whom are bad option, but list nonetheless. There are several ways to get to other providers even during the 90 day period. If you feel you have a serious injury, the time is now to get advise from an attorney. They will be looking to cut off your claim with as little responsibility as possible – by calling it a sprain or a flesh wound and/or by bringing you back to early so they can send a suspension notice (if you get one of these get help asap). Often time PT causes injuries or makes people worse during the panel period. This will be a related injury but you need to handle it appropriately. I would say hire an attorney, if you are getting benefits now you would not be paying a fee unless they win in some way. Also the consults are free so there is little to lose. Good luck.
Answered on Jun 2, 2016
Your question is very difficult to follow and there may be several things going on. There are WC questions, so you should take the time to talk to an attorney handling this work. The cases are all contingent, meaning you do not pay unless the attorney wins in some regard. So there is not much risk. Alot of forces are working against an injured work, so it is best to get the help you need, you can bet the employer/insurer has.
Answered on May 31, 2016
The first thing you need to do is find out if the WC insurance company has accepted the injury. You may need to first establish your right to receive compensation. Even if you have received the forms from the Department of Labor and Industry showing they accepted a claim you may need to be sure they accepted the full injury and all body parts involved. There are a number of benefits you may have or that are being withheld. To know your full rights and the full value of your claim, you should talk to an attorney that handles these case. Consults are free and generally you do not pay even if you hire an attorney until they win in some way for you, so there is little risk in it. Good luck.
Answered on May 21, 2016
It is very difficult to deal with the WC system, it was initially set up to benefit employees and then the lobbyists and insurers destroyed many of the strongest protections. You are in a decent position as described, but you really need to act right away to establish your claim and make sure your rights are protected. Even after the insurer gets involved they will act in ways that are unsavory to try and limit you claims – in my experience they nearly always fail to accept the proper injury, they cause unjust terminations to avoid payments, they have people follow your care who do not seem to care about the injured worker etc. The whole process is a maze of constant employer/insurer shenanigans. You should talk to an attorney because there are alot of long term questions to think about with a serious injury. These cases are contingent so you don’t lose anything by having the conversation. Good luck.
Asked in Catasauqua, PA , on May 13, 2016
I shattered my left elbow at work and just got my third operation and now i am looking to get sn entire elbow replacement
Answered on May 15, 2016
To be honest with you, with my clients, I would hope that they get the elbow replacement first before settling. You want to be in a position that you can take care of yourself somehow after settlement and there is too much uncertainty when you have a surgery looming. The amount of the settlement and the advisability of settling are all things that are very fact intensive, you need several conversations and a work up before getting close to being able to answer this type of question. If you have not talked to an attorney you should, these cases are contingent, meaning you only pay if they win. There is very little risk in it and it leads to better results then those that try and go it alone. Good luck.
Answered on May 15, 2016
This sounds like a causation question. I find the ability to establish a WC injury secondary to a first injury to be quite broad. If there are two causes create an injury and they are both work related, you have clear causation of your work injury. If there is two causes and only one is work related, then you have a work injury if the work related cause is a substantial factor. Additionally, there are injuries that would not have occurred but for a work injury which are generally compensible – this can be the PT injury in a rehab from a work injury or a work related knee injury that leads to giving out that causes a fall injuring another body part. These cases are contingent so you should talk to an attorney, you only pay if you win, so there is not much risk. Good luck.
1
3. But for – but for work would not have occurred
Answered on May 15, 2016
You gave some of the initial facts, but a full sit down discussion would be advisable. First responders, even volunteers, are entitled to WC benefits. This can include your loss of wages and possible additional amounts for loss of use of your finger. This would have to be a permanent injury for the additional benefits. Obviously, you would prefer to get to the right doctors to avoid that. In the first 90 days you may be required to treat with a panel provider, which is not always the best experience. You would have to provide more detail to see if there are exceptions to this. If a third party is responsible for some of your injury, you may also have a suit against them. Again you would need to provide more detail. You should talk to an attorney, these types of cases should be handled contingent, meaning you do not pay unless the attorney wins. There is no much risk in that situation. Good luck.
Answered on May 15, 2016
You should also know that if he has a work injury or has a worsening of a nonwork related condition due to work, he may end up entitled to workers compensation. Sometimes when there is a work injury, people are forced back or to do more than they should to avoid paying compensation.
Answered on Apr 29, 2016
You absolutely have a WC claim. In addition to the wage loss and the medical benefits, you likely also have a claim for scarring and disfigurement. You should push the scarring issue where ever you end up, which is a separate and additional payment you may be entitled to. Obviously, I am encouraging you to get representation as soon as possible. Often times an attorney receives these types of cases and the pro se claimant has created hurdles for the case. If you are already receiving benefits, a WC attorney should not take a fee from your existing benefits unless they win in some fashion for you. Alot goes on early on and many of these cases ultimately settle, so most workers compensation attorneys would want to help you now to improve you settlement potential. Also, the insurers companies in the WC context are fairly aggressive so the attorneys expect to have to defend your benefits (and win something) early on, because the insurer tend to put cutting benefits in front of getting the Claimant back to normal. You also may have a third party tort case, you may have more than one case, but you have to provide the full details/facts. You should know that the WC insurer will assert a lien for the amount they pay you in the third party case – that can have both good and bad effects, but again this requires more facts and will become more clear as the claim progresses. Call an attorney, you need one. Good luck.
Answered on Apr 19, 2016
The insurance company spends a considerable amount of time and energy defending these claims, they have nurses that follow the injured party, attorneys to consult with and doctors you must treat with for the first 90 days. Risk management can often lead to these “creative” defenses that often impune an employee for ulterior motives. Often times, potential clients handle these matters and make mistakes that could have been avoided and do not contact an attorney until it is too late. I routinely have to refuse good cases that have gone bad, which pro se individuals handled. Attorneys that do WC handle these cases on a contingent basis and the consult is generally free, I suggest talking to someone before it is too late.
Answered on Apr 19, 2016
You also mentioned that he was receiving the benefits from his former employer, if this is a work condition or even a nonwork condition that was made worse by his work, he could also possibly receive workers compensation benefits. In some cases, if the employee has paid the premiums for the STD program, the employee may be able to recover both STD and WC benefits at the same time. Most of the time there is a credit, but the does happen. Often times insurers/employers will push employees to file for STD to avoid responsibility for WC benefits. You should talk to an attorney about all of this to be sure, WC attorneys generally will review/consult for free and handle these types of cases on a contingent basis.
Answered on Apr 4, 2016
You definitely need to fill in more facts, it is always a tough question as to whether workers compensation immunity will apply. If there is a potential third party that is not your employer you may be able to file suit against the non-employer party. However, you should definitely look at your rights under the workers compensation statute. Talk to a WC attorney, these cases are contingent, meaning you do not pay unless you win, so there is little to lose and much to gain if there is a claim.
Answered on Apr 4, 2016
If you hurt your arm at work or if work made your arm worse (even if a preexisting condition is made worse) you might be entitled to receive workers compensation. Unfortunately alot of employer do not treat people well when they complain about difficulties at work like this. Often times they fire people to avoid the responsibility for workers compensation medical or wage loss problems. This type of response could also violate the Americans with Disability Act. You should probably talk to an workers compensation / EEOC attorney. These types of cases are handled contingent – meaning you do not pay anything unless you win in some way. If it is nothing, at least you talked to someone, if it is something, then you really need the help. Good luck.
Asked in Lancaster, PA , on Feb 9, 2016
I’m on workers comp in Pa, my company moved me to a plant 30 mins away from my home (I’m usually at the one 10 mins away from home) because I’m still on lite duty. I don’t like the drive at all and they changed my hours. My question is can i quit this job while being under my docs care and get another job? Can someone hire me under these circumstances? What would be my options?
Answered on Feb 15, 2016
You should definitely not quit, that could compromise your WC claim. If the drive is physically painful or creating symptoms that may be a basis for you to request additional accommodations. You may also have protection under the Americans with Disabilities Act. I would not make any moves without talking to an attorney first, as someone else no doubt mentioned, consults are free for this type of case. You may have a large case than you anticipate and quiting would definitely compromise that. Good luck.
Answered on Feb 3, 2016
You can bet your bottom dollar that if there is a way to minimize your claim, the insurance company will do it. They will only acknowledge a sprain when you have tears of ligaments and tendons, they will call a break a bruise and they will often time incorrectly calculate your average weekly wage. This is the main calculation to determine how much you will be paid. There are numerous factors that an insurance company will not ask, that a claimant will not know and that honestly only an advocate will generally consider. If you have a true questions with your average weekly wage you should talk to an attorney. It would be wise to have someone assisting you either way, you can be sure the insurance company has their attorneys on it. Good luck.
Answered on Feb 3, 2016
You likely do have a claim, but as Harold implied, you will have to provide some additional facts so liability can be determined. This will be a fact specific question, but it almost always one that is worth exploring with an attorney. If an attorney can be convinced to take the case, you stand to be placed in a much better position. Also, whether an attorney accepts the case or not, you would not have any real risk because these cases are generally contingent, meaning no recovery, no payments. The consult should be free as well. It is also better to move quickly because some steps can be taken early one – while the conditions are still on the ground to improve your chances. Good luck.
Answered on Jan 10, 2016
Treating with a panel provider is very difficult, I always try and find as many ways around it as possible. The quality of care does not tend to be too high and the level of interference from the insurance company is not always conducive to quality treatment. If you want the insurer to pay your medical bills, you have to see a panel provider. There is no absolute requirement to see them for 90 days, but there is a requirement to see them if you want your bills paid. Someone asked about the panel provider list, which has to be provided on hiring and at the time of the injury. There are a few other requirements in the statute, but that is the biggest one. The judges in Williamsport are very reasonable, so you are likely in a decent forum. However, you definitely should talk to a WC attorney and get them to start haloing you. There are too many little things to worry about in a WC case and they issues are constant. Good luck.
Public service, through volunteer work and public advocacy, have always been important Mr. Brennan. He will continue with that committment to service as a member of Doylestown Borough Council.
This past fall, Mr. Brennan spent much of free time walking through Doylestown speaking with his neighbors about the issues important to them in the hopes of becoming a member of Doylestown Borough Council.
He was successful in his November election and was elected by a margin of 457 to 357. Today he will be sworn in for a four (4) year term as a member of Doylestown Council. The meeting will be at 7:00 pm at Doylestown Borough Hall at 57 West Court Street, Doylestown, PA 18901.
Mr. Brennan will serve as Chairman of the Zoning & Planning Committee and also as a member of the Public Works & Administration and Finance & Pension Committees. It will be his first elected office.
Interesting, his mother was also elected for the first time to public office on the same day and will be sworn in today as well as a member of Borough Council in Saint Clair, Pennsylvania.
Mr. Brennan noted, “I am excited to get to work, this is unique place to call home and I hope to continue the progress the borough has made. Public service, through volunteer work and public advocacy, has always been important to me; I absolutely appreciate the support I have received and this opportunity to serve. I appreciate your confidence and hope to make you proud.” He also joked, “after a decade as a municipal solicitor, sometimes through long meetings giving only advice, I am also excited to finally have a vote.”
Mr. Brennan is a graduate of Ursinus College, where he received his Bachelor of Arts with a double major and a double minor. He then graduated from Widener University School of Law, where he received a certification in law and government and graduated cum laude. He also studied international law at Trinity College in Ireland and Charles University in the Czech Republic.
He has been a municipal solicitor for over a decade, having been involved in nearly all aspects of local government. He has his own law firm that handles a number of different fields of practice. He was selected to the 2012 through 2016 Rising Stars list by Pennsylvania Super Lawyers® and has was featured in Philadelphia magazine. In 2015 he was named to the “Top One Percent” of Attorneys by the National Association of Distinguished Council. He was recently appointed as a Senior Hearing Panel Member for the Disciplinary Board of the Supreme Court of Pennsylvania.
He volunteers for a number of charitable, legal, political, religious and community organizations and has served as an Adjunct Professor of politics.
Answered on Dec 19, 2015
When you have a physical injury that leads to a post-trauma psychological disability, the burden of proof is also a little bit lower. That is not to say it is easy, but when there is not a physical stimulus, you could be forced to show an abnormal working condition to receive benefits, which is often very difficult. You need to build a careful record and treat reliably as well. There are not to many psychiatrists in the Allentown area that also are willing to testify in a WC case, which may necessitate some travel at some point, which is often an issue with disabled workers. Good luck.
Answered on Dec 9, 2015
In addition to the monetary issues, you should also be concerned about your physical condition. Often times I see insurance panel doctors ignoring more severe injuries that effect your long term earning capacity – for example torn rotator cuff or broken foot being called a sprain (amputation being called a flesh wound). If you had a smashed and broken foot, you possibly could have nerve, ligament or muscle damages. Even making sue your physical injuries are treated properly often requires an attorney pushing buttons – unfortunately. In addition, as to the mo notary component, this period of your claim is the most important period, many of your future rights depend on what happens at the beginning. For example, if you are terminated or refuse work, you could lose rights to benefits while still having a reduced ability to earn money because of the injury (potentially for a very long time). It is probably best that you speak to an attorney, as prior folks have said, it is free to consult and will likely put you in a better position.
Answered on Dec 9, 2015
You should definitely have someone look over the severance package before accepting, it sounds as if you could be compromising some claims. You will want to know the positives and negatives for such a settlement. You would need to provide more facts on any possibly discriminatory motive – age, disability, sex, nation of origin, etc. Additionally, given that you were under restrictions at the time of your termination, you would also be entitled to workers compensation benefits. There is a presumption that your disability/wage loss is related to the work injury when you are terminated with existing restrictions or in a modified job. I would not be surprised if the work injury is the basis for all of this, it is common for the insurer to push for a termination after a work injury. This seems like the employer/insurer did not handle it as well as they could have, so you have a good case. You should talk to a WC attorney and possibly an EEOC attorney, the consultation in these types of cases should be free so you do not have anything to lose. Good luck.
Asked in Northampton, PA , on Nov 24, 2015
It was a 4 way stop sign intersection, I stopped and proceeded to make a left turn. The other vehicle ran his stop sign going at least 40mph and did not use his brakes at all. He collided with my vehicle and his insurance is claiming I’m 10% at fault. There was no way for me to avoid this accident, because it was an older gentleman, he didn’t even see me or the stop sign until he hit me. I didn’t see him running the stop sign until it was too late. I’ve had a headache for the past 3 days now and my neck hurts, and I never have any headaches. Is there anything I can do to fight this? Because now my car’s all messed up and they want me to pay to have my car fixed in an accident that wasn’t my fault.
Answered on Nov 25, 2015
You definitely should continue your treatment, there are alot of great doctors in the Lehigh Valley, I would see one and continue to treat. The headache and neck pain could be a sign of something more significant going on. The insurance question has been answered several times, but as to the potentially bigger questions you need to talk to someone about your policy, the nature of the injuries and the damages. Consults are generally free for this sort of thing and fees are generally contingent on winning or settling, so I would say the only way you are risking anything is by doing nothing. Good luck.
Answered on Nov 19, 2015
Usually with employment related injuries, you look at an all of the above type of approach and see where you can get the best result. You should also think about the fact that, if you had an injury that work was a major factor in causing (over time or directly) or if you have a nonwork condition that became worse because of work – you may also have a workers compensation claim. You should consult with a WC attorney if that is an issue, the consults are generally free for people practicing in that area. The STD would reduce you WC payments if you received them, but you still may get more doing both approaches rather than just STD depending on the circumstances. Good luck.
Answered on Nov 16, 2015
Generally, I recommend that people see an attorney. The insurance company does so many unpredictable things to hurt a claimant’s claim that there is no way to go it alone. There is almost always a potential to settle a case, but sometimes settlement is just as hard as litigating if you are doing it right. I would talk to an attorney, if you are currently getting benefits you will likely not have a fee until you are about to get removed from benefits and if you are interested in a settlement, the amount will likely be higher with an attorney. Almost all WC attorneys will allow to consult for free as well.
Answered on Oct 22, 2015
If work caused the condition or made a preexisting injury worse, you may also have a workers compensation claim. This would have added benefits in that the employer would not have subrogation rights for the discrimination case, which would be a kind of double recovery. Good luck.
Asked in Reading, PA , on Oct 16, 2015
I was hurt on the job, was seen by the doctor and was sent back to work with restrictions. The company wouldn’t give me light duty work and I was not allowed to go back to work. I have been off work going on three weeks. Was just told that I qualify for Workmens comp. Since I was available for work and company refused to make work available could I collect unemployment for those weeks or until I start getting Workmens comp. My unemployment payments are much higher than workmens comp payments too.
Answered on Oct 19, 2015
I agree with the other attorneys who have commented, the insurer usually wants you to receive UC because they receive the money back as a credit. There are many inequities built into how these claims are handled so you should be conscious of injuries that are not described correctly (herniation called a sprain, missing finger called a flesh wound), a WC nurse following you at appointments and panel doctors who do not seem to be treating you. I would recommend that anyone who is hurt at work talk to a WC attorney. There is too much going on in the background not to have the issues addressed. The consult is free and most attorneys in this field are very easy to work with. Good luck.
Answered on Oct 18, 2015
Yes, before you leave a job you should absolutely talk to a workers compensation attorney about how it may effect your claim. The injury can effect you ability to get a job and a new job can effect the ability to get WC. I have seen many people come to me after making a bad decision at this stage and then go month with no work and no WC payments. Get some help on this before acting.
Answered on Oct 17, 2015
If you have been out of work fr 11 weeks, you likely have a significant injury. The WC insurer will short you in any and every way possible. Talk to a WC attorney, your consult will be free. There are likely other things that you are missing in a claim like this when you are doing it alone. Good luck.
Asked in Bethlehem, PA , on Oct 14, 2015
I was injured when cases of water fell on me, my eyes were damaged when my glasses was hit and the lenses hit my right eye. I had to have surgery done on my right hand, as my finger was damaged. My right knee was pinned and swollen and damage nerves, i didn’t want to do the surgery to correct that. After my hand was left at 50/50 usage, the Weis insurance company keep transferring me from one claim specialist to another. and it’s getting no where
Answered on Oct 15, 2015
It sounds like with will need a personal injury attorney to go over the specifics of your case. Slip and fall cases are very case specific, but with the damages you are describing it seems necessary. Fees for personal injury cases are contingent and a referral would be free more than likely. Good luck.
Answered on Oct 12, 2015
Yes, they generally should continue to pay you you WC benefits absent going through some process – which could be as little as a paper notice if you return to work with no loss of wages or a full blown hearing. These moments in your claim also often influence later moments when action is being taken to stop you benefits. It is certainly a good idea to get an attorney in your corner now if you have a serious injury. Things are often not the same between employer and employee after a serious injury, especially with the addition of a WC insurer into the relationship. It is usually free to talk to a WC comp attorney so low risk, high reward.
Answered on Oct 8, 2015
I would say yes, there is no risk if this is just minor and you are doing yourself a big favor if it becomes a major issue. Workers comp attorneys generally handle cases on a contingent fee, meaning you do not pay unless they win. I am always happy when people talk to me early, because there case is presented much much better. Another issues I often see if that the WC doctors are not that reliable, some do a better job protecting the WC insurer than there patients. There are a number of treatment type questions most WC attorneys are used to having to ask related to these doctors. Good luck.
Answered on Oct 2, 2015
None of the facts are stated that would help an attorney answer this, so this response can only be general. That said, the insurance company is a business set up to pay you as little as possible and have attorneys and doctors working nonstop to limit you claim whether you are better or not, so get an attorney to help you. Also, if you are still treating with insurance doctors (panel doctors) or having a nurse follow you around, you should get rid them them at this point (you said it has been a year). Good luck.
For several years Tim Brennan has assisted cultural, religious and police nonprofit clients, free of charge, today was a big day for one of them. He noted that little things and community support are critical to make these efforts successful; quite a bit of both went into this project, which hopefully will serve the public for many years to come.
The Lehigh Valley’s first LGBT community center has found a new home on West Maple Street in Allentown.
The Bradbury-Sullivan LGBT Community Center Executive Director Adrian Shanker announces the new location of the center Wednesday. (Courtesy photo)
The Bradbury-Sullivan LGBT Community Centerhas bought a 13,000-square-foot building at 522 W. Maple Street in the city, according to a news release. The center closed on the property Monday, paying $340,000 for the building.
When the center opens in early 2016, it will be the first of its kind in the region to serve the lesbian, gay, bisexual and transgender community.
The nonprofit had planned to redevelop a long-vacant former dairy building at 1021 W. Turner St. in the city. But significant environmental problems made the estimated $1.5 million to $1.7 million construction costs too high.
“This property presents a better option for our community – the physical space is better, the cost is lower and we’ll be able to open sooner,” Executive Director Adrian Shanker said in a news release.
The new location doesn’t require major work, he said. The former dairy building would have been under construction for up to a year once the money was raised.”This is a more responsible financial move,” Shanker said.
The center will provide services to members of the LGBT community, “including cultural, educational and health promotion programs,” the group reports. The programs and services provided will be available to all Lehigh Valley residents, not just those who live in Allentown.
“The growing LGBT community brings with it a greater need for community resources, infrastructure and direct services,” said Shanker. “We need a community center to provide the programs and services our community deserves.”
Allentown has the third-highest LGBT population among Pennsylvania cities, according to the 2010 census, behind only Philadelphia and Pittsburgh.
Over 10 years, Allentown saw a 55 percent rise in the number of same-sex couples calling the Queen City home, Bethlehem saw a 79 percent increase and Easton saw a 26 percent rise, according to the census.
The building is named for Pennsylvania Diversity Network founders Liz Bradburyand and Patricia Sullivan, who were married in Connecticut in 2009.
People’s First Federal Credit Union provided financing for the project, which Jeff Barber, of Lehigh Financial Group, said speaks to the centers strong management and organization.
“Non-profit financing is among the hardest to get done, nationally, so when you can get financing for an organization like this, it really speaks to the strength of that organization,” Barber said. “People’s First did something not many lenders do for non-profits, but Bradbury-Sullivan LGBT Community Center is a very thorough organization.”
Many people in the Lehigh Valley community provided pro-bono assistance to the project. Realtor Rob Ritter, of Weichert Realtors in Allentown, is donating a portion of his commission from the sale. Others include attorneys Tim Brennan and Michael Recchiuti, Kohn Engineering, Barry Isett & Associates, Brown Design Corps., J&P Engineers and Lock Ridge Engineering, Shanker said.
Answered on Sep 29, 2015
I would say you best case is the WC case. There may also be FMLA or EEOC issues. One of the difficulties I see with Walmart WC cases is that your average weekly wage is artificially depressed. It makes the case a little more difficult to get to a fair result. Walmart tries to push people out the door like this but there is some case law on working with people in making their FMLA claim. Consult with someone, it is generally free in the WC context, so nothing to lose and really no other way to reliably make the right choices. Good luck.
Answered on Sep 21, 2015
I do not handle these types of case, but there is a new case on that exact issue which is in the PA Bar News case update section. If you get an attorney that handles FMLA issues he or she may want to look at that newspaper which was in the last 2-3 months. I cut it out and saved it because it comes up in my WC practice. Another thought is, you often see this type of treatment with work injuries because of how the insurers manage the claims. If there is a potential work relatedness to the claim you may also have a WC claim. Bare in mind that even a work aggravation of a non work related condition is compensable under PA WC law.
Answered on Sep 3, 2015
You do not mention the injury or how it happened. You should also sit down with someone regarding your full possible rights, i.e. is there a potential work relationship to the injury (possible WC), is there a potential 3rd party responsible (possible tort suit). Always worth a conversation and those types of consults are free for most attorneys. People often accept the first things offered and miss other layers of compensation.
Answered on Aug 26, 2015
Most of the time the plans have requirements as to submission and it would depend on the policy, if you were given the plan documents that may describe the process. Also, if your injury happened at work, you can make a claim for benefits there. There would be a set off, but you may end up netting more. Good luck.
Answered on Aug 25, 2015
An agreement with an attorney is like any other agreement, negotiable. In WC the fee is already somewhat watered down, as the Judge is required to approve for reasonableness any fee that is ultimately awarded. I honestly never saw a fee that low. I have seen a fee of 13% in a case (ultimately that attorney put in dozens of hours of work, won on medical and did not get paid a cent). I have provided discounts for Military, First Responders and Union members including in WC cases. This is especially common for Union members. There may be similar interest group discounts with some attorneys. That said, in my experience lowest fee does not always lead to best net award, if you have someone practicing in a quantity that permits nearly generic fees, the risk is that it will be reflected in the time and effort being put in the case. Also, an acknowledged injury does not always mean an easy case. The attorney may still be risking alot, in terms of medical evidence costs (sometime up to $10,000) and time (like the 13% attorney previously referenced) and not have a clear path to payment.
Asked in Berwick, PA , on Aug 10, 2015
I’m sure you won’t be surprised to hear that they gave me a hard time since day one. It’s now over 2 yrs since injury and had to go thru my health insurance to find the cause of the pain but is directly related to the injury. Plenty more to add.
Answered on Aug 11, 2015
As the remainder of attorneys mentioned, a workers compensation claim is a suit against the insurer. There are occasions when an insurer might be sued directly, the last I recall with for a fabricated for cause termination that led to a defamation claim. I am not sure what would be available in you case given the limited facts. WC insurers are the worst, I think everyone on this site understands just how hard these insurers are to deal with – insult to injury. Good luck.
Asked in Bethlehem, PA , on Jul 29, 2015
My boyfriend works for a welding company based in PA. He and one other person are currently working in Albany, NY. He was injured on the job due to poorly maintained equipment. He needed stitches and was given narcotic pain medication. He attempted to work today on light duty, but between the meds and the heat he felt I’ll and was returned to the hotel. His boss began to act weird at that point attempting to force him to work. He proceeded to get a no work note from the doctor that took care of him. His concern at this point is that his coworkers will attempt to leave without him.
Answered on Jul 30, 2015
I do not know anything on point about leaving someone in another state, since the intent would have arose in NY, it would likely be a NY civil law question. However, the injury could be a PA workers compensation claim, if it was a contract/agreement in PA to work out of state. You should talk to a WC attorney as well. If the stitches are in a visible area, there might be a separate benefit that he would be entitled to – that the insurance company would never give voluntarily. The point of the claim where you are just hurt, if most important, if PA law applies he would need to avoid quitting or get fired at this point. That is out with restrictions is a good thing, they usually try to remove the restrictions and then fire people – less responsibility.
Answered on Jul 29, 2015
You have alot of things going on here, you really do need to sit down and talk to a WC attorney. It is an interesting question regarding the $50 dollars extra you may be paid for working more hours. It is likely a benefit plan and not part of your wages etc, but I could think of some argument. They would all be uphill and I do not think you would receive anything for that. You need to understand what the pluses and minuses are of your case and what you could stand to gain from holding the insurer fully accountable for your future loss of earnings (which you might lose when you go back to work). An attorney would need to know your age, the severity of the injury and alot more about your case for a full explanation there. You should sit down with an attorney, consults are free on this type of case. Just ask in advance. Good luck.
Answered on Jul 26, 2015
Unfortunately, WC insurers are very aggressive and often resort to tactics that can damage people, physically mentally and as to their reputation/vocation. It is great to hear you are in a Union, it gives you far more leverage and protections than most people. Even if this seems bad regardless, that is a helpful factor when used appropriately. I do not know you age, vocational history or the benefits of your current job, but it does seem that you need to talk to someone to understand the WC process, what it can do and what it can’t, and to make some decisions about how to handle your future and maximize the positives of your case. You may need to shift your focus or to get help getting what you want. Either way, a WC consult seems necessary. The consults are free all the WC attorneys I know, so it would be time well spent. Good luck.
Asked in Pottstown, PA , on Jul 22, 2015
Question concerns wether or not workers compensation will automatically pay additional monies for lacerations to the face or neck? I recently had to have surgery to my neck and I have a scar above the shirt line. Yesterday my son suffered a pretty long laceration on his nose (surgeon lost count of stitches), which like myself, is a result of a work related injury.
I’m wondering if there is such a compensation for scars, and is this something that is automatically paid, or is this something that must be handled by an attorney?
Answered on Jul 22, 2015
Unfortunately, in my experience, nothing is automatic with the insurance companies. I just had a client who waited to long after a neck surgery (cervical discectomy) and was paid the disability but not the scarring. It is usually a fight. Some people use a rule of thumb that you may be paid 10 weeks for each inch of scarring, but often times you can do better by pointing to comparative cases that have already been decided – there are 100’s of them. Good luck to you both, don’t let the insurance company off the hook, they have an obligation and you should push for what you deserve.
Answered on Jul 21, 2015
If any of the children are dependent or still in school and the case was not settled, maybe. The wife may also have benefits if the case is still active. There would need to be more facts. You should talk to a WC attorney, the consult is generally free, so no harm in talking.
Asked in Tunkhannock, PA , on Jul 15, 2015
I live in Pennsylvania and I’ve worked for the same company for 20 years, but I started having issues with my foot and I’ve had two surgeries and still have the same issues. My husband was offered a job out of state and took it but than after starting his job out there he didn’t like the area and came back. Before he left I told my employer I wouldn’t be back, but before we did anything I asked my insurance adjuster if it would affect my claim if I moved and she said it wouldn’t. I’ve been told by my doctor I can’t go back to doing the same kind of work I was doing, but I can do office type work which I have no experience. I’ve only done Manuel labor for the last 20 years. I just want to know if I can get a lump sum settlement. Thanks for your time.
Answered on Jul 17, 2015
It sounds like you have not yet quit the job, if that is the case, you should be talking to an attorney about settlement options. Quitting generally hurts a case unless it is because of work related reasons (but even still it is an unnecessary fight). It also sounds like you have been on compensation for at least a year or two as well, which is about the time most insurance companies get serious about removing you from benefits. The fact that you may be able to do sedentary / office type work could give them an opportunity. It’s hard to tell where you are at in the claim from the information above, but one example is if you had a recent IME they could use the restrictions to set up a labor market survey and attempt to reduce your weekly check by the amount they claim you could earn if you took a job that is within your capacity (usually something you do not want, like a telemarketing job etc). If you do not adequately prepare for these types of scenarios it could hurt you claim as well. As an aside, I hope you are not continuing to treat with the panel providers, you can move on to another provider after the first 90 days, which is usually in your interests. The long and short of it is, you always have a chance for a properly done settlement but a resignation could reduce the amount you ultimately receive. Good luck.
Timothy P. Brennan has been named a Senior Member of the Hearing Committee for Disciplinary Board of the Supreme Court of Pennsylvania. This is part of the administrative body responsible for enforcing attorney ethical duties.
Timothy P. Brennan has been named an Senior Member of the Hearing Committee for the Disciplinary Board of the Supreme Court of Pennsylvania. The Disciplinary Board is an independent agency created in 1972 under the Pennsylvania Supreme Court’s jurisdiction to enforce ethical rules imposed on attorneys practicing in Pennsylvania. Experienced members have increased responsibilities regarding the management of disciplinary matters before the hearing committees.
The Pennsylvania Supreme Court is the exclusive body which regulated the conduct of attorneys in Pennsylvania. The Disciplinary Board assists the Court in its duties to ensure that attorneys abide by rules of conduct. The Disciplinary Board plays a major role in safeguarding the integrity of the legal system.
Hearing Committee Members are lawyers who are appointed to three-year terms and can be reappointed once. They serve on a voluntary, unpaid basis. Each of the four districts in Pennsylvania has Hearing Committees composed of three-member panels. The Committees hear cases and review files concerning attorneys located within that district.
The appointment is effective July 1, 2015 and allows Mr. Brennan to chair hearing committees.
Timothy P. Brennan, of Brennan Law Offices, has been selected to the 2015 list as a member of the Nation’s Top One Percent by the National Association of Distinguished Counsel.
Timothy P Brennan, of Brennan Law Offices, Has been selected to the 2015 list as a member of the Nation’s Top One Percent by the National Association of Distinguished Counsel. NADC is an organization dedicated to promoting the highest standards of legal excellence. Its mission is to objectively recognze the attorneys who elevate the standards o the Bar and provide a benchmark for other lawyer to emulate.
Due to the incredible selectivity of the appointment process, only the top one percent of attorneys in the United States are awarded membership in NADC. Members are thoroughly vetted by a research team, selected by a blue ribbon panel of attorneys with podium status from independently neutral organizations, and approved by a judicial review board as exhibiting virtue in the practice of law. This elite class of advocates consists of the finest leaders of the legal profession from across the nation.
Mr. Brennan graduated from Ursinus College with a double major in English and Politics and a double minor in International Relation and American Studies. He then graduated from Widener University School of Law, where he was a leadership scholar, served as a member of the Law Review and graduated cum laude. He received the 2003 Widener Law Journal Outstanding Student Article Award. He also studied internationally at Trinity College in Dublin, Ireland and Charles University in Prague, Czech Republic.
He has served as an attorney for a large defense firm and the Governor’s Office of General Counsel. He has been a Solicitor for the City of Bethlehem and the Northampton County Controller. He has been published on several topics, frequently argues before Commonwealth Court and has lectured on various topics at the Dickinson School of Law, for the PA Bar Association and in conjunction with the National Bowl Game. He volunteers for or founded a number of charitable, legal, political, religious and community organizations, has served as Adjunct Professor for Northampton Community College and was appointed as a Hearing Panel Member for the Disciplinary Board of the Supreme Court of Pennsylvania.
He is the owner of Brennan Law Offices which he formed in 2012.
Asked in Norristown, PA , on Jun 23, 2015
I have been under medical treatment for more than 2 years my job terminated me 3 months after the accident , before 3 weeks ago I had the last appointment with my doctor where he discharged me with modified duty and after that workers comp stop sending the checks
Answered on Jun 23, 2015
I agree with Tim, they are likely holding you over a barrel. The insurance company will often starve people to get the result that they want. It is a violation of the act and can be punished by a WC judge with the filing of a penalty petition. You were likely at an IME and they are gathering information to file to stop you benefits, though you may have a fight looming, they cannot just stop your benefits in advance of a judge’s determination. Quick note of concern – you didn’t receive any LIBC forms asking about your other income recently? That could be an issue that could create concerns for an automatic temporary suspension.
Answered on Jun 18, 2015
You may have a claim under the ADA, as Mr. Sweeney mentioned. It was unclear how the condition developed, it sounds like a seizure disorder. I have had situations where there is a work related basis for that type of condition – depression, anxiety, etc. You never know, you may have a workers compensation case as well. It would be worth talking to a WC attorney too. Good luck.
Answered on Jun 18, 2015
I tend to agree, you often see these types of conditions aggravated by work which leads to a surgery. An aggravation in and of itself is a WC injury. The first think for you is to get the right medical providers. It is hard to tell the status, whether there has been an acceptance, but for the first 90 days you generally have to treat with a WC panel doctor of the insurers choosing. Unfortunately you do not always get the best care during that period. That is an important first question. Depending on the medical, you likely do have a claim. You need to flesh out the details about the lesser light duty job – is that a new employer? Regardless, you should speak with a WC attorney, consults are generally free for those that practice in the field. Maybe do a search on AVVO for WC attorneys, that should get you in the right direction. Good luck.
Rating: 5.0
For my first time seeking legal council, I could not be happier. I received a call the second business day, received good advice and information to get me on my way. Knowledgeable, courteous and informative. I look forward to working further with Timothy in the future and I strongly recommend him
anonymous
Answered on Jun 12, 2015
Generally is you are not working for a health related reason you cannot recover UC unless there was a job within your restrictions that was made unavailable. You also have the issue that you retired, which may limit benefits. You should be conscious of the fact that if there is a work injury or aggravation of an existing injury, you may have workers compensation benefits. Many people retire without getting these benefits. If your retirement was because of a work related condition or aggravation you can still attempt to get these benefits. Good luck.
Answered on Jun 12, 2015
First things first, there are alot of things that can be done to improve your circumstances, don’t get too discouraged from dealing with the insurance companies – they are difficult with everyone. I am a workers compensation attorney, so my view is usually at those issues and possible discrimination issues. Another avenue you might think of is why it is you were terminated, was it at all related to the health issues you are describing. If so, you may have a discrimination claim that could help you over the long run. Also if work aggravated your condition, there may be a possible workers compensation claim, if there was, then the WC insurer would have to pay for any care that is reasonable, necessary and related to the work injury/aggravation. Good luck.
Answered on Jun 9, 2015
Your benefits will be tied to the type of injury on your Notice of Compensation Payable (NCP) – if you cut off your arm, the insurance company would call it a sprained shoulder. The NCP generally does not reflect your actual injury, it shows some minimized injury the insurance company is willing to accept without a full fledged fight. If your cervical injury was caused by your work, your work was a substantial factor for your injury or your work aggravated another injury causing the surgery, you should be able to recover. You more than likely need to file a review petition to add the neck injury. Since you also had a cervical discectomy, should also be entitled to an award for your neck scar. I am not sure how you went of work but that could effect the other petitions that should be filed. I would think hiring an attorney would be a good idea, it sounds like a lot is going on with your case. Most workers compensation attorneys will do a free consult so there is not much to lose. Good luck.
Answered on Jun 8, 2015
You have a workers compensation case, almost without any doubt. You are likely entitled to “specific loss” benefits for your scars and possibly related to loss of vision. You may also have a claim for ongoing wage losses. The good think about the workers compensation statutes – is that regardless of why the incident happened (absent willfulness or violation of a work rule etc) the employee generally recovers. However, the trade off is that the employee generally cannot sue the employer for negligence. There are a few exceptions but it is very limited. The insurer will not simply give you all you are entitled to related tot he scarring, so you would likely have to file a claim for benefits of some kind. Another note for you is that there are some additional protections for eye injuries regarding the period to make a claim which makes it more forgiving. It seems obvious that your employer knows about the injury – but be sure to specifically advise them of the injury and its work relatedness. This is definitely the type of case where you should be consulting with an attorney if you have not already. The consults are generally free, but you clearly need to get someone to file in this type of case. Good luck.
Answered on May 30, 2015
Unfortunately, increasingly that is how it happens when you are injured at work. The employer attempts to make you wage loss about something other than the work injury. If you are a nonunion employee, there is something called a Shick claim, where a person is fired for filing a workers compensation claim. You may also have protections under the Americans with Disabilities Act. I would need more details to say what is the best route. Your should just talk to a workers compensation attorney, those consults are almost always free. Ask in advance so you know what you are getting. You likely have a claim and the insurance company is never happy about that – so get some help making sure you keep everything intact. Good luck.
Answered on May 26, 2015
He could also be playing with fire if this aggrevates your condition, an aggregation is an injury that is covered under workers compensation. The company could end up responsible for your leave time. Of course, it is hard to tell because there is not much information about the condition and what happened.
Answered on May 21, 2015
Attorney Voigt is probably right – it depends. If they pick up the claim for your eye, great. I would also get your knees checks out as well. You can be sure the insurer will not do that on there own. As he indicated, it is probably wise to sit down with a WC attorney, people expect to be treated fairly, but that is not often the case when you are hurt at work. The consults are free and the attorney can give you the in and outs to be sure you are protected, that you condition is fully reviewed and that you do not make any mistakes with your claim.
After several years of litigation, the Commonwealth Court has upheld the decisions of a Pennsylvania Workers Compensation Judge, which was affirmed by the Workers Compensation Appeal Board in favor of an injured volunteer firefighter.
After several years of litigation, the Commonwealth Court has affirmed in all regards an award in favor of a volunteer firefighter for scarring, lost wages and medical benefits. The matter has been handled in all regards by Attorney Timothy P. Brennan.
THE OPINION FOLLOWS:
Upper Mount Bethel Township (Township) petitions for review of the August 13, 2014, order of the Workers’ Compensation Appeal Board (WCAB) affirming the decision of a workers’ compensation judge (WCJ) that granted the claim petition filed by John Gmelch (Claimant) and ordered Township to pay Claimant total disability benefits from the date of injury, October 11, 2010, through April 15, 2011, at which time benefits were suspended. The WCJ further awarded Claimant 50 weeks of compensation for serious facial disfigurement, medical expenses, and litigation expenses and ordered Township to pay Claimant a penalty of $2,500. We affirm.
Claimant is a member of Township’s volunteer fire company. Claimant’s duties include responding to fire calls, participating in fundraisers, cleaning the firehouse, maintenance, and administrative functions. (WCJ’s Findings of Fact, Nos. 1-2.)
Claimant was in charge of finding a new firetruck for Township to purchase. On the afternoon of October 11, 2010, Claimant went to the firehouse, met with the fire company’s president and fire chief, and showed them plans and pricing for a new firetruck. At that meeting, Claimant was instructed to attend the fire company’s board of directors (Board) meeting that evening at the firehouse and present the bid for a new firetruck. (Id., No. 3.)
Claimant went to the Board meeting as instructed and waited outside the meeting room to be called in to make his presentation. While outside, Claimant could hear Ray Romano, another member of the fire company, speaking loudly. Romano was discussing an accident involving his son, Zach Romano (Zach), in which a firetruck was destroyed. Around 9:00 p.m., the doors opened, and Claimant assumed the president was coming out to get him for his presentation. However, the first person out of the door was Romano, who attacked Claimant, punching him repeatedly in the face. Claimant yelled for help and grabbed Romano. Claimant was then tackled by Romano’s other son, Joshua Romano (Joshua). (Id., Nos. 4-5.)
Claimant was taken by ambulance to the Pocono Medical Center and remained hospitalized for two days. As a result of the assault, Claimant sustained head and facial trauma and loss of consciousness. His injuries included a bilateral nasal bone fracture and a right orbital blowout fracture. Claimant underwent surgery to repair the fractures and was advised to remain off work for 10-12 weeks. (Id., No. 6.)
As a result of the surgery and fractures, Claimant has an asymmetry in his face of the upper right side of the maxilla. Claimant has a prominence of the superficial portion of the inferior orbit, which interferes with the inferior orbital field of vision, and has pain on the right side of his face with a paresthesia in the upper right lip. Claimant also suffered multiple, irregular fractures to four teeth, which may require root canal and crowns in the future. Claimant also has temporomandibular joint dysfunction with popping in the right condylar area of the jaw. Claimant suffered a concussion and a torn retina, has reduced visual acuity when looking down, blurry vision from scar tissue, and right shoulder tendinitis. Claimant incurred medical bills in the amount of $30,646.69. (Id.)
Romano and Joshua pled guilty to criminal charges and were ordered to pay restitution in the amount of $29,000, of which Claimant has only received $3,500. Claimant was unemployed at the time of the injury and, since December 31, 2009, had been receiving unemployment compensation at a rate of $235 per week until he returned to work in a self-employed capacity on April 15, 2011. (Id., Nos. 7-8.)
On March 31, 2011, Claimant filed a claim petition alleging that on October 11, 2010, he suffered a work-related injury when he was assaulted by two fellow volunteer firefighters while performing his duties as a firefighter. Township denied the allegations.
At the WCJ’s hearing, Claimant testified about the events of October 11, 2010, at the firehouse. Claimant also submitted the May 17, 2012, medical report of Patrick Sewards, M.D., and the June 1, 2012, dental report of Ryan Buehner, D.M.D. Both reports describe Claimant’s injuries and subsequent treatment due to the assault. (See Exs. C-7, C-8.)
Township presented three witnesses. First, Joshua testified that Claimant said bad things about his brother Zach after Zach was involved in an accident while driving a firetruck intoxicated. Joshua further testified that he went to the firehouse to ensure that his father was okay and saw Claimant hitting his father in the side of the head. Joshua stated that his only role was to break up the fight. He admitted that he pled guilty to simple assault and agreed to pay restitution for Claimant’s medical bills. (WCJ’s Findings of Fact, No. 12.)
Next, Ian Kelton, a 17-year-old former junior firefighter, testified that Claimant called him and told him that he planned to confront Romano after the meeting at the firehouse. Kelton further testified that he and Joshua went to the firehouse where he saw Claimant holding Romano in a headlock. (Id., Nos. 10-11.)
Finally, Romano testified that he complained about Claimant in the meeting and, when he saw Claimant after the meeting, he pushed Claimant because Claimant was blocking his way out of the meeting. Romano stated that he pled guilty to harassment so that his son would only get charged with simple assault, instead of felony assault. Romano admitted that all of the charges against Claimant were dropped. (Id., No. 13.)
Township also presented the July 19, 2012, independent medical examination (IME) of Claimant by Scott K. Epstein, M.D. Dr. Epstein opined that Claimant had not fully recovered from the assault but was capable of returning to full-time, full-duty work without restrictions. (Id., No. 16; Ex. D-6.)
The WCJ credited Claimant’s testimony. Further, the WCJ found Claimant’s injuries and resulting disability obvious because Claimant was the victim of an assault, lost consciousness, spent two days in the hospital, and underwent multiple surgeries. Further, Claimant’s testimony was not contradicted by any officer or current member of the fire company. The WCJ found the testimony of Township’s witnesses self-interested and vindictive and, therefore, not credible. The WCJ further found that Township violated the Workers’ Compensation Act (Act) by failing to timely file an acceptance or denial of the claim with the Bureau of Workers’ Compensation (Bureau). The WCJ found all of the medical reports credible. (WCJ’s Findings of Fact, Nos. 9-10, 14-16.)
The WCJ granted Claimant’s claim petition, finding that Claimant was disabled as a result of the work-related injury and suffered serious facial disfigurement. The WCJ ordered Township to pay total disability benefits from the date of the injury through April 15, 2011, and, thereafter, suspended compensation. The WCJ further awarded compensation for serious facial disfigurement, and ordered Township to pay Claimant’s medical and litigation expenses. Further, the WCJ granted Claimant’s penalty petition, ordering Township to pay Claimant $2,500. Township appealed to the WCAB, which affirmed. Township now petitions for review of that decision.
Initially, Township contends that the WCJ erred in finding that Claimant was in the course and scope of his employment and, thus, concluding that the personal animus exception did not bar Claimant’s claim.
Section 301(c)(1) of the Act provides in pertinent part as follows:
The terms “injury” and “personal injury,” as used in this act, shall be construed to mean an injury to an employe . . . arising in the course of his employment and related thereto . . . . The term “injury arising in the course of his employment,” as used in this article, shall not include an injury caused by an act of a third person intended to injure the employe because of reasons personal to him, and not directed against him as an employe or because of his employment . . .
In Heath v. Workers’ Compensation Appeal Board (Pennsylvania Board of Probation and Parole), 580 Pa. 174, 860 A.2d 25, 29 (Pa. 2004), the Pennsylvania Supreme Court determined that the personal animus exception “is an affirmative defense, which the party who is defending against a claim brought under the Act has the burden of proving.”
Here, the WCJ credited Claimant’s testimony that he was assaulted during the course and scope of his employment while waiting to make a presentation to the Board. The WCJ further found Township’s witnesses not credible because they were “self-interested and vindictive.” (WCJ’s Findings of Fact, No. 14.) The WCJ determines witness credibility and the weight of the evidence and may accept or reject any witness’s testimony in whole or in part. Pennsylvania Uninsured Employers Guaranty Fund v. Workers’ Compensation Appeal Board (Bonner and Fitzgerald), 85 A.3d 1109, 1115 (Pa. Cmwlth. 2014). Therefore, without any credible testimony, Township failed to prove personal animus. The record contains substantial evidence to support the WCJ’s finding that Claimant was injured while at the firehouse on official firehouse business. Thus, the WCJ did not err in finding that Claimant was injured in the course and scope of his employment and that the personal animus exception did not apply.
Next, Township contends that the WCJ erred in awarding total disability benefits because Claimant did not offer any medical evidence establishing a work-related disability.
In a claim petition, the claimant has the burden of proving all of the elements necessary to support an award. Id. at 1114-15. As noted previously, the WCJ determines the weight and credibility of the testimony and evidence. Id. at 1115. In this capacity, the WCJ has “the authority to draw reasonable inferences from the evidence.” Id.
Here, Claimant presented the May 17, 2012, medical report of Dr. Sewards and the June 1, 2012, dental report of Dr. Buehner. Both reports describe Claimant’s injuries from the October 11, 2010, assault and the subsequent treatment. Claimant also credibly testified regarding the assault. The WCJ found that “[C]laimant’s injuries and the resulting disability are obvious as the [C]laimant was a victim of an assault, lost consciousness, spent two days in the hospital and underwent surgeries.” (WCJ’s Findings of Fact, No. 9.) There was sufficient evidence to support the WCJ’s determination that Claimant suffered a work-related injury.
Next, Township contends that Claimant’s benefits should have been suspended before April 15, 2011, because Claimant had returned to work at the firehouse prior to that date. A claimant has the burden of proving the duration and the extent of the work-related injury. Bonner and Fitzgerald, 85 A.3d at 1114-15.
Claimant testified that he did not return to the firehouse until “three, maybe four months” after the assault and did not respond to a fire call until sometime in the spring. (N.T., 4/16/12, at 30; N.T., 1/4/12, at 44.) There is no credible testimony that Claimant was capable of returning to work prior to April 15, 2011. Also, Claimant’s restriction of no work for 10-12 weeks after his surgery was not an automatic release to return to work after 12 weeks. It was a speculative timeframe and, thus, insufficient evidence to prove Claimant’s recovery after 12 weeks. See Bonner and Fitzgerald, 85 A.3d at 1116-17. Because there is no evidence that Claimant was released to return to work prior to April 15, 2011, nor any evidence that Claimant resumed his full duties at the firehouse prior to that date, the WCJ did not err in refusing to suspend Claimant’s benefits before April 15, 2011, when Claimant commenced self-employment.
Next, Township contends that the WCJ erred in awarding a penalty because Claimant did not file a penalty petition or otherwise request penalties. According to 34 Pa. Code §131.121(a), (b) and (c), a penalty proceeding may be initiated by the filing of a penalty petition, by a motion on the record in a pending proceeding, or sua sponte by the WCJ during a pending proceeding. Further, “[t]he penalty hearing may be conducted in conjunction with a hearing on the merits in a pending proceeding.” 34 Pa. Code §131.121(e).
Here, the WCJ and the WCAB both stated that Claimant amended the claim petition in his first filing memorandum to include a penalty petition for Township’s failure to timely accept or deny the work injury. (WCJ’s Findings of Fact, No. 15; WCAB’s Decision, 8/13/14, at 1.) Further, at the January 26, 2012, hearing, Claimant’s attorney stated on the record that Claimant had a pending penalty petition. (N.T., 1/26/12, at 44.)
An employee who suffers a work-related injury is required to notify his employer. Auto Service Councils of Pennsylvania, Inc. v. Workmen’s Compensation Appeal Board (Compton), 139 Pa. Commw. 466, 590 A.2d 1355, 1357-58 (Pa. Cmwlth. 1991). However, the notice requirement is satisfied by actual knowledge of an employee’s injury. Id. at 1358. Once the employer has actual knowledge of an employee’s injury, the employer shall promptly investigate the injury and must accept or deny the injury within 21 days of the notice. See Section 406.1 of the Act, as amended, added by Section 3 of the Act of February 8, 1972, P.L. 25, 77 P.S. §717.1(a); Croman v. Workers’ Compensation Appeal Board (Township of Marple), 706 A.2d 408, 410 (Pa. Cmwlth. 1998) (stating that pursuant to the Act, an employer must promptly investigate an injury and commence compensation within 21 days after the notice of disability).
The record reflects that Claimant was injured on the fire company’s property during a Board meeting he was asked to attend; the Board members assisted Claimant and visited Claimant after the injury; and the Board president informed Claimant that he could not get workers’ compensation benefits. However, Township never issued a formal denial. Ultimately, the WCJ found that Claimant was injured at the firehouse during the course and scope of his employment, the Board was aware of the injury, and the injury was obvious. (WCJ’s Findings of Fact, Nos. 1, 3-6, 9, 18; WCJ’s Conclusions of Law, Nos. 1, 8.) The WCJ did not err in determining that Township violated the Act.
Imposition of penalties is within the WCJ’s discretion and will not be overturned on appeal absent an abuse of discretion. Croman, 706 A.2d at 410. Because Township violated the Act by failing to issue an acceptance or denial of the injury, the WCJ did not abuse its discretion in awarding a penalty.
Accordingly, we affirm.
The Pennsylvania Supreme Court has upheld the trial court decision of the Dauphin County Court of Common Pleas. The case was handled at all levels by Attorney Timothy P. Brennan
The Pennsylvania Supreme Court has upheld the trial court decision of the Dauphin County Court of Common Pleas. Attorney Timothy P. Brennan was the trial attorney and handled the appeals to both the Pennsylvania Commonwealth Court and Pennsylvania Supreme Court.
http://www.pennlive.com/midstate/index.ssf/2015/04/harrisburg_alan_kennedy-shaffe.html
http://www.pennlive.com/midstate/index.ssf/2015/05/supreme_court_blocks_alan_kenn.html
ORIGINAL STORY BELOW:
HARRISBURG- Alan Kennedy-Shaffer will have to wait a few more days to find out if his name will remain on the primary ballot for a seat on the Harrisburg City Council.
A court hearing to decide the matter Friday ended after nearly two hours without a verdict.
Dauphin County Judge Scott Arthur Evans said he wanted to give Kennedy-Shaffer’s attorney time to summarize his legal arguments in a written motion. The plaintiff’s counsel presented a written motion in court Friday morning.
Ron Clever, Kennedy-Shaffer’s attorney, agreed to submit his motion by 8 a.m. Monday.
With both motions in hand, Evans could decide the case Monday, or schedule additional oral arguments on Wednesday and decide then.
Friday’s hearing stemmed from two petition challenges intended to knock Kennedy-Shaffer off the ballot. The challenges were filed by Jan Prosseda, and David L. Smith, both of Harrisburg.
The challenges contained nearly identical legal arguments and questioned the validity of Kennedy-Shaffer’s nominating signatures because he notarized most of the petitions himself. Each candidate is required to collect the signatures of at least 100 registered voters from their party.
Specifically, Kennedy-Shaffer notarized the signatures of the people who circulated his nominating petitions.
Smith’s challenge was withdrawn on Friday, so the hearing pertained only to the one filed by Prosseda, who did not attend the hearing.
His attorney, Tim Brennan, argued that Kennedy-Shaffer knew, or should have known, that he could not notarize his own petitions. Brennan said Kennedy-Shaffer even asked about a candidate notarizing his own petitions at an educational meeting in February led by Jerry Feaser, Dauphin County’s elections director.
Feaser testified Friday that he advised people at the meeting against a candidate notarizing his own petitions for “public relations” reasons, not legal reasons, because he is not a lawyer and not familiar with the state’s notary public law.
Brennan said Kennedy-Shaffer had a direct interest in the petitions and therefore could not notarize them, under the state’s notary public law. He said the candidate didn’t show good faith or due diligence.
“You can’t cover up your eyes and pretend you didn’t do anything wrong,” he said.
Kennedy-Shaffer testified that he understood Feaser’s comments to reaffirm what he already knew, which was that a notary could not notarize his own signature. Kennedy-Shaffer said he thought it was acceptable to witness the signatures of his petition circulators on petitions that did not contain his nominating signature.
Clever, Kennedy-Smith’s attorney, argued that even if Kennedy-Shaffer violated the state’s notary public law, that wasn’t the issue before the court.
“If it’s a violation of the state notary law,” Clever said. “It’s not a violation of the election code.”
Even if the judge determines the notarizations are flawed, the petitions can be amended, Clever said, adding that at least 20 precedent-setting cases prove the statute is intended to allow amendments.
In fact, Clever said, Evans ruled in recent days in favor of Middletown council member who had a district judge notarize his petitions. A challenger said the judge was not a legal notary, but Evans concluded a district judge “can in fact notarize,” and even if he could not, that “we find that this is amendable.”
Answered on May 14, 2015
I agree with Glenn 100%, I don’t even trust attorneys who do not practice workers compensation, because it is a very nuanced field. You definitely need someone in your corner. There potentially a number of issues floating around here as to why you are not being paid. Judging by the cases I see, it is probably based on some fabricated misconduct basis, i.e. you wage loss is related to misconduct not your work injury. Consults are are free, so you should talk to someone yesterday. Good luck.
Answered on May 10, 2015
There are alot of questions unanswered here… did he make a claim two years ago, what was acknowledged (probably a sprain and not tendinitis), was it with the same employer, was he adequately worked up the first time or did he just see panel doctors. He should talk to a WC attorney ASAP, not much to risk as consults are generally free. He also may be being misdiagnosed and could need ot get on the right track with what is wrong with him.
Answered on May 8, 2015
Unfortunately this has become typical claims management for workers compensation. If they terminate you, they attempt to argue that your wage loss is the result of some other reason than your injury. Sometimes they do better then others at covering their actions, it does not sound like your employer did such a great job. That said, you have a good workers compensation case and will need to file for reinstatement. If you are nonunion, PA has a case called Shick regarding terminations because of workers compensation claims, so you may have that separate line of recovery. The Americans with Disability’s Act is also implicated here. There is also Unemployment, but there may be issues with your ability to do the job considering the surgery. You should talk to an attorney because consults in this field are generally free, most people get better results with an attorney and I have seen pro se claimants really undermine their own cases. Good luck.
Answered on May 7, 2015
I agree, you need to sit down with an attorney. This will be fact intensive. Almost any decent attorney in this practice will give you a free consult. I never see pro se folks getting the same benefits and you really do want to carefully handle your medical and presentation whenever there is an aggravation. Aggravations get dicey even for representing Claimants.
Answered on May 4, 2015
As the last response mentioned, it sounds like you are both at will, i.e. no contract. It also does not sound like any prohibited motive went into the decision to terminate, i.e. race, creed, etc. That said, there would likely be little recourse. However, if your brother had any injuries there could be a workers compensation claim.
Answered on May 2, 2015
One of the important things to keep on top of is the records received from the insurer/workers compensation. It sounds like the insurer accepted some type of injury, a strain? However, it does not sound like that is the real injury, since you say it is a tear. So, you already would likely have to litigate this, or at least it sounds like it would be advisable. As to the weight, what I would worry about is that they might attribute your tear to degeneration and weight. That is way you need someone shepherding what is going on – medically and legally. Often times clients come to attorneys too late, after they already screwed up there cases. You should consult with someone because it is almost always free and there is way to much going on to get what you need on Avvo.
Answered on Apr 29, 2015
Another thing to think about is that, if the condition was caused or aggravated by work, you may have a workers compensation claim. Often times terminating injured employees is a strategy to avoid paying WC. It makes the wage loss about something other than the work injury, so no benefits are required.
Answered on Apr 12, 2015
Insurers are often so preoccupied with ending WC claims that they forget that there is civil law governing all of our conduct. Though they have done an excellent job lobbying for very weak responsibilities for there improper claims management – there are still civil rules. For example, making up an excuse to fire someone can still lead to defamation claims, wrongful termination (non-union) claims and possible federal EEOC or PHRC claims. There is always a balance in the law between the legitimate concerns of the insurers in not having to pay false claims and also to make sure claimants are properly compensated for legitimate injuries – but the balance in this case really does favor the insurers. There should be legislation explaining the exact parameters here, but there is not no statute protecting Claimants. However, there does some to be some civil issues here – defamation, privacy torts etc. The problems is the costs to litigate probably exceed any benefits. Perhaps there is a way to spin it into a penalty petition or some unreasonable contest, but more facts of your case would matter. Good luck.
Asked in Douglassville, PA , on Apr 9, 2015
I had a prior work-comp claim 5 years ago. I was injured at my current job and the insurance company denied my claim?
Answered on Apr 12, 2015
It is hard to tell exactly what is going on here without quite a few more details. One of your injuries is in litigation and the mediation notice means you should already have a good idea what the case it worth to you over the long haul if you are at all thinking of settling. If not, you should be prepared to defend yourself from whatever petition has been filed. You definitely need to sit down and talk to an attorney if you have not already, it sounds like this has sat too long. Almost all WC attorneys are willing to do a free consult… you need one. Good luck.
Answered on Mar 26, 2015
You said you fell on the way to work, you should also talk to a workers compensation attorney. That would be ongoing benefits and your medical would be paid. Coming and going from work issues is heavily litigated, you should talk to someone about the facts. WC consults are free and it is usually a contingent case, so there is not much to lose and alot to gain if you have good facts. You could fall within an exception and be covered. You generally cannot get UC for a health related condition. Good luck.
Answered on Mar 20, 2015
If you are worried about being terminated, there is probably good reason for it, you know you employer better than you could describe here. Also, in workers compensation cases, employers/insurers often have an incentive to fire people for “misconduct” so they no longer have to pay wages lost because of the injury. Unfortunately, something like this happens in at least 4 of 10 cases I see and probably more. You have a benefit, you have an employer who also does not want to pay it, you should see an attorney. Your case actually could benefit from your pregnancy because of the secondary liability they could face if they fire you for an improper basis. However, you should b especially careful right now to make sure you do not do or say anything that would compromise your ongoing benefits.
Answered on Mar 14, 2015
If this was work related you may also be entitled to WC since the time they let you go and possibly an ongoing benefit. It is unclear what time of injury it was or how it happened. Sometimes though, with workers compensation people are let go after an injury to avoid paying ongoing wage loss payments. That opens up to front, the ADA and the WC statute. If there is any work relation you should talk to a WC attorney too, the consults are free because most cases are contingent.
Answered on Feb 28, 2015
It sounds to be like you have a WC case, you should probably talk to a WC attorney. The consults are generally fee and the cases are generally contingent, so there is not much at risk. You should know that even if there was a prior condition – even an aggravation of a prior injury can be compensable. What that means is that because you lost income and a job because of a work injury, you should be entitled to ongoing payments of compensation. If you have to fight for them, that means a possible back award as well. This would depend on a medical opinion, but you don’t need a weather man to know which way the wind blows. Unfortunately, insurers do not always jump to protect the people they insure. It’s a shame, it sounds like it would be a great job. Get someone to protect your interests, it is likely the only way you will get what you deserve at this point. Good luck.
Answered on Feb 21, 2015
Number one thing I would have to tell you is that you should be treating with a doctor of your own choosing at this point. The panel doctors (who you treat with for the first 90 days) are, unfortunately, not only concerned with your well being alone. I say that as a generalization but in 4 of 5 cases I have, I have a question about the panel doctors handling of a case. The next thing I would say is that they are really asking you a medical question. You probably should be having a doctor answer these questions. Again, get your own doctor though. There is claims management going on behind the scenes here, the insurance company does not want to continue to pay wage loss and has several ways to avoid its obligations. You definitely should consult with an attorney, this type of case is a contingent case so the consult would be free and you have nothing to lose. It also helps you avoid making mistakes that could cost you your ongoing benefits or ability to return to work fully recovered (or at least with compensation for your lost earning power). Good luck.
Answered on Feb 16, 2015
Unfortunately that is a very common scenario. Insurers and employers often have an economic incentive to part ways with an injured employee. Then they do not have to pay ongoing wage loss because your wage loss would be about something other than the injury. The insurer often pressures the employer and open them up to the type of liability you are talking about – it is called a Shick Claim. It would only apply if you are a nonunion employee. If you are a Union employee you should grieve it ASAP. Another avenue of liability is under the Americans with Disabilities Act, since you might have an impairment that affects a major bodily function. I like to argue these other avenues of liability because it does change the dynamic of a claim. You need some help, either they stopped paying you or they are setting up for a petition to stop wage payments. Any attorney that handles WC cases will generally consult for free, you should take someone up on that. Good luck.
Answered on Feb 15, 2015
Workers compensation is intended to compensate employees for loss of earnings and medical costs for work injuries. It is a trade off, generally you cannot sue your employer for negligence no matter how negligent they are. On the other side, generally no matter how negligent an employee is, he or she can collect their lost wages and receive medical coverage. So, no pain and suffering but you get your wages. These can lead to some varied scenarios, sometimes employees get far more than they deserve, others far less. Nearly every attorney who handles these matters will give you a free consult, so you should probably have a conversation with a lawyer to be sure you are protected.
Asked in Hazleton, PA , on Feb 13, 2015
I started working at a warehouse 2 months ago, and a week ago i have been feeling pain on my hand, i self diagnosed myself with Carpal tunnel based on the symptoms, my jobs told me to get a Doctor’s letter clearing me for work until then i can’t come back to work, (but i feel like they are trying to lay me off, because a doctor will clear me for work, but with restrictions, can my work place lay me off or fire me even with a doctor’s letter that clears me for work with restrictions? because they claim that Carpal tunnel happened before i worked there, but i have proof from my last doctor’s visit which was a month before i started to work there, that shows i never once reported any pain or symptoms to my hand before, and this started to happen a month after i started to work there.
Answered on Feb 14, 2015
I agree with Chris, this is a very difficult position to be in especially if you have some conflicting goals. Often times the employer is not eager to bring back an injured employer, often they have financial incentives to part ways with workers early in a claim. Compensation for a work injury tends to bottle neck into a process and the perfect/proper world handling gets clouded in the claims management process. Sometimes an injured worker gets more than they otherwise would be entitled, sometimes if is shamefully less. Either way, this is a tough place to be because the injurer/employer is viewing you as an adversary who can cost them money. You should get the guidance you clearly need now, most people in this field consult for free so there is not much of a risk. As an aside, I hope it is not the Amazon warehouse, they are very difficult to deal with. Good luck.
Answered on Feb 9, 2015
Some of your question is unclear, but It sounds like you have an appointment for the date you are supposed to go back to work. You should just be sure to completely be clear with the employer. You should also be skeptical of panel doctors speculating a return date without seeing you. Often time people are rushed back to work before they are ready or the insurer fails to agree to all the things that have happened to you after an injury – which effects your future care among other things. You should probably sit down with a WC attorney to talk about your circumstances – it is generally a free consult with a WC attorney. Trust me the adjuster is talking to an attorney. Now more than ever the insurer has complete control to twist you around and hurt your future rights, at the very least you should talk to someone to understand that. Most attorneys handling this type of case would be happy to help you early rather than having to clean things up later in the claim. Good luck.
Answered on Feb 9, 2015
You likely have a workers compensation claim to treat for any of these resulting issues and for any wage loss. There are probably several ways to handle this type of claim. This is likely one of the limited situations where there is an abnormal work condition that would entitled to you to WC benefits even though you do not have a physical injury (though further discussion may lead to a lower standard applying). You definitely need to sit down with an employment attorney and WC attorney. There is too much going on here for a website. Generally a consult is free for these types of cases so you have little to risk and the clarity will make your day to day much more bearable. Good luck.
Answered on Feb 7, 2015
You also have a workers compensation claim. Often time, insurance companies pressure employers to lay off injured employees to avoid ongoing exposure to WC wage loss payments. This often exposes the employers to ADA clams and Shick claims (where a nonunion employee is fired for making a WC claim). You should talk to an attorney before going back to work to make sure your medical situation is clear. Any attorney worth their salt will give free consults in the WC setting. Good luck.
Answered on Jan 31, 2015
Yes this is clearly a workers compensation case. However, the next question I would have is – who is the employer. If it is a state institution like Wernersville, you may be entitled to additional benefits under Act 534. I recently litigated a case that was very similar. There is nothing to loose in talking to an attorney, anyone worth their salt will give you a free consult or at least talk to you about the case. Early in the claim is usually when the employer/insurer is most shifty and many of the reasonable things you do trying to be accommodating could hurt your case. Whoever, you talk to be sure to figure out if you are entitled to Act 534 benefits – which is a rarely used potentially permanent 100% wage loss program. Also, if you had overtime or can establish a higher average wage rate (did you get bonuses, paid meals etc), you could receive both benefits. Good luck.
Answered on Jan 30, 2015
These are generally very complicated cases but there is probably quite a bit you could be doing to improve your quality of life there. You should talk to a WC attorney about helping you. These are contingent case, so there is generally no charge unless you recover. One of the difficult issues with this cases is often trying to get the right expert, but that is also something a good attorney could guide you on. Lastly, firing an injured employee is a all to common defense strategy, they would be trying to make any wage loss about something other than the injury so they avoid paying wage loss.
Answered on Jan 17, 2015
I have had several cases where willful misconduct or a violation of a work rule is raised as a defense in a workers compensation case, but I am not sure what you are trying to ask. It is unclear if you are talking about a defense or a separate action filed against you. Either way, you should probably talk to an attorney about these issues because there could be a large monetary effect for you either way. Good luck.
Answered on Jan 8, 2015
It is a common risk management technique to fire people after a WC injury, the insurer is trying to make your wage loss about something other than the work injury. That is to cut off their responsibility for wage loss benefits. This often create secondary issues, as you mention, which is called a Shick claim (termination for a WC claim). It also often creates discrimination issues under the ADA. It sounds as if they are relating the termination and the injury, would is a good fact for you. Either way, if you are unable to work and you have not had the wrist injury fully vetted, you should get in touch with a WC attorney, consults are free for most such attorneys. Good Luck.
Asked in Warminster, PA , on Jan 7, 2015
My wife is a teacher in Bucks County, PA. She fell down steps inside the school and broke a few bones in her foot. An ambulance took her to the hospital but now we are getting hassled about paying the $1000 ambulance bill. Shouldn’t worker’s comp cover that if they have been covering everything else?
Answered on Jan 8, 2015
Cause and effect injury, you would think they would have a hard time looking themselves in the mirror to deny that one. The insurer will often insistent on the formality of receiving several proper form and some companies just aren’t good at that aspect of their work. I am guessing that is part of it. Pushing it to the adjuster and the WC insurer is absolutely appropriate. Good luck.
Answered on Jan 5, 2015
You should probably sit down and talk to a workers compensation attorney about it. Almost everyone offers a free consult on contingent cases (i.e. you only pay if the attorney wins). As someone else noted, this will be a very fact intensive question and the context will be important. There may be questions about the nature of the original job and the suitability of the position offered. However, if you actually are fully recovered without restrictions that would be difficult to get around and you benefits would likely be terminated.
Answered on Jan 5, 2015
You should probably talk to a workers compensation and a personal injury attorney. Either way, sitting down and talking it out is the best option and nearly everyone does a free consult on these types of contingent case (i.e. you don’t pay unless the attorney wins). Generally, a co-employee will be immune, just like the employer, but there are several facts that would need to be flushed out – was a piece of machinery involved, is there a possible third party etc. Good luck.
Answered on Dec 16, 2014
Workers compensation judges can have alot of different formats for the first hearing. Sometimes testimony is taken and sometimes it is just issues being discussed. After several hearings, the case will close and be briefed. There may be an appeal, but if you win below your benefits may continue to be paid. More information would be needed for a more complete answer.
Answered on Dec 13, 2014
I agree with Tim who summarized it nicely. There is also a new line of cases that allows you to reinstate you WC benefits more easily if you are terminated from the new job. Either way, the new job over raises many more issues for you to consider and you should get help on it.
Asked in Bangor, PA , on Dec 9, 2014
Is my friend going to get in trouble if I sue her? What should I do?
Answered on Dec 10, 2014
You really need to sit down and talk to someone, there is not much facts to go on here. Generally when there is a friend or family involved, I say the insurance company is the one who will feel the pain. The question you need to flesh out is – which insurance company if any? Another thought is, were you doing anything work related, maybe you would have coverage there? You also could look into public benefits.
Asked in Allentown, PA , on Nov 18, 2014
This occur in 2001 So it’s way past the statute of limitations sol. What’s the cost to file a petition to the courts to get this taken out and show pendot proof that it’s been settle.
Answered on Nov 19, 2014
I am not sure there are enough facts, it sounds like this could be a judgment for damage to a vehicle in an accident that was forwarded to PennDOT. If they had it on your driving records they would want to see payment. There are a number of other possibilities such as a non payment at a magistrate or a failure to respond. You should probably sit down and discuss it with an attorney who handles these cases.
Answered on Nov 3, 2014
At least they have not said that you violated a work rule somehow in using the stool. I recently had a case with a fall and the person did not remember it and they said he violated a work rule (later they recanted that). The insurer will do everything possible to deny these claims. You should get representation early to anticipate how they are going to manage the claim. You should be able to find someone that will give you a free consult and general guidance. Be advised the the WC insurer, the WC nurse and unfortunately, many providers, are not going to be looking very hard for an injury. You need someone reviewing your case both to insure you get the right treatment and the compensation that you should be entitled to. Good luck.
Answered on Oct 31, 2014
It sounds like there is an incredibly large amount of things going on in your claim. The insurance company can temporarily accept claims, which they often then reject to avoid liability. In those cases you have to file a petition to protect your rights. Also, they often bring people back to work and then suspend their benefits, which they can do automatically in the appropriate circumstances. Then they end up terminating people, often because of purported misconduct, to avoid payments. You have to file a claim in those situations as well. You definitely have a lot going on here and more facts are needed. It is very clear though that you should be pushing back and hiring someone.
Asked in Allentown, PA , on Oct 26, 2014
Its been a year since my work injury and i just had second IME and the report stated that I have reached MMI and that my restrictions are permanent. Does this mean that I keep receiving workers comp checks permanently since my employer never offered me a job?
Answered on Oct 28, 2014
Another thing you should discuss with an attorney is your actual injuries and potential secondary issues. The addition of subsequently developing conditions or the proper characterization of your current injury could influence your full body impairment. That could set their claims management back and force them to reevaluate what your case it worth.
Answered on Oct 25, 2014
These are such difficult cases and are very dependent on how hard your attorney works the case. I won a case based on mold exposure, but attribute that to find great documents in discovery. I lost another pneumonia case based on exposure during a several day winter storm for a health care professional. These are hard cases to win, but you should definitely make the claim if you have a doctor saying it is related. Good luck with you case.
Answered on Oct 25, 2014
I agree with Tim Belt, you have a comp claim that has become more complicated with leaving the prior employer. You should probably prove the injury, as they undoubtedly only accepted a “sprain” (the tis but a flesh wound of WC practice). That generally happened even if you had a broken back. Future care depends on the type of injury accepted or proven and you only have three years from the date of the injury. Also, if you have any problems in the future with it, it would limit you. I would talk to an attorney and have them sort out and explain your options.
Asked in Wilkes Barre, PA , on Oct 22, 2014
I was hurt at work and had surgery. I have been going to therapy and and was doing rather well. Then I hurt it doing a simple task at home. Now I need an MRI and workers comp doesn’t want to pay for it. What are the laws behind this? I was still not released from work, and although was doing better, still wasn’t at 100%. Are they responsible because the initial injury was work related? Any thoughts are appreciated
Answered on Oct 23, 2014
There are two levels of things going on (1) causation, is this something that happened essentially bc of the comp injury, I recently had a case involving a private wrist injury as result of a fall because of a bad knee from work (you can win these cases or be compensated), (2) continued benefits, are you disabled entirely for other reasons than the work injury, if not, it should be possible to defend your right to continued benefits. It is not the easiest case, but your circumstances are better than many because of your ongoing benefits (which it sounds like you are being paid). You need to flesh it out with a good WC attorney, basically you just need to fight it out with the insurer.
Answered on Oct 21, 2014
Hearing that you had a back injury, or progressive back condition or even an aggravation of a prior back injury, I am thinking that it would be a good idea to talk to a workers compensation attorney as well. That could help solve some of the immediate loss of earnings issues. However, realistically with a progressive condition, they would deny and you would have to fight it out. The other claims you possibly have would also dovetail with this suit, there is no subrogation for an ADA suit. You could conceivably receive both ADA and WC benefits. Good luck.
Answered on Oct 21, 2014
Honestly, you probably will not be fired because of forgetting about the prior injury, it will probably be because you were hurt. Maybe I am jaded, but I see it as a claims management technique all too often, someone gets hurt, they get minimal treatment to get them back to work (often without the surgery they need), they begin making wages in the same amount as before the injury then they are terminated for misconduct. There can be an automatic suspension in these situations without due process or a hearing – make sure you talk to an attorney the minute you get one of these forms and do not sign anything until you talk to an attorney. Also, you should be able to get the surgery if the injury is truly work related even if they do not fire you – which could also lead to a period of wage loss benefits even if you are fired for misconduct. It is a messy process, keep pushing but do get help, they have attorneys trying to make sure you don’t receive benefits and nurses and attorneys making sure you are not treated, get some help yourself. I would be curious to see who you are treating with, you can pick your own doctor now (post 90 days) and you should.
Answered on Oct 16, 2014
You really need to get some guidance ASAP, the 90 day period is clock for workers compensation attorneys. You need to look at all your options, UC and WC. You also need to make sure you are well, alot of times that does not happen through treatment with the panel docs. Honestly do yourself a favor and call a WC attorney, anyone worth their salt will know the UC ramifications and will give you a free consult.
Answered on Oct 15, 2014
This question also raises a number of very interesting and complicated questions about a possible workers compensation claim. I wonder where the orientation was and whether a valid driver license was a qualification of the position. It would be a very difficult case, but it would worth having someone look at that as well. Good luck.
Answered on Oct 12, 2014
It is terrible some of the positions people are put in. I have taken calls from clients that are homeless on Christmas. The early parts of a claim are often spent trying to find ways for clients to comp with the uncertainties of a WC claim. You could also seek accommodations and depending on your restrictions possibly make the employer choose between accommodating you or risking an EEOC complaint. Good luck.
Answered on Oct 5, 2014
Either what Mr. Fisher said is what happened or you have a serious injury, which the insurance company called a sprain/flesh wound. The insurance company very seldom acknowledged the actual injury you suffered, generally you have to file a claim and litigate everything. Someone should look over the timelines and issues and possibly file a claim. Good luck.
Answered on Oct 3, 2014
It is impossible to say, with these limited facts, but in my experience there is a lot more to be gained from hiring an attorney. Often times, the insurer will send you to panel doctors (which is required for the first 90 days in most circumstances) and they never actually diagnose you completely. If you had a shoulder or neck injury and you only received xrays (not an MRI), then you probably need to get more help. That is just an example, but you are much better served getting the help and someone to do a full assessment of your case. Also, $2500 seems lower than many bad cases settle. Good luck either way.
Asked in Connellsville, PA , on Sep 29, 2014
Back in June I was diagnosed with chiari malformation. My primary dr took me off work due to the bad headaches I get everyday. I also have numbness in hands and feet. I wanted to know if I have a case to fight for the short term disability and my insurance back? My employer also called and put me on final warning due too my dr not releasing me. I just wanted to know if I have a case or would it be a waste of my time?
Answered on Sep 29, 2014
You really need to talk to an employment attorney about the full details. There is the possibility of a WC claim and it is a common claim management strategy to fire people to avoid paying wage loss benefits when an employee goes out of work. Also, much of a short term disability claim will depend on the policy, which would have to be reviewed. You should contact someone to do a full review.
Answered on Sep 29, 2014
The insurance companies bend over backwards to avoid responsibility for your injury and medical bills. You could loose an injury and they could call it a flesh wound. Much of the value of your case is based on the acknowledged or proved injury – they probably called yours a strain. You honestly need to fight for every bit of ground in one of these cases. The bright side is that you appear to have advised your supervisor of a work injury and still appear to be within the period to file a claim. I would talk to someone about the actual facts of the case though because there is no way to get what you need from a website. Good luck.
Asked in Norristown, PA , on Sep 24, 2014
I was awarded reinstatement and back pay by the WCJ from 12/7/12 – 7/22/14. The order stated my payment is to be reduced by an employer I no longer work for. I worked for that employer from 7/5/2013-9/22/13. Does that apply to my current employers too? I started with my new employer 9/23/13.
Answered on Sep 25, 2014
Agreed, you will have to report your earning and there will be a reduction. I have had people with a very high compensation rate and then a very low earned wage that it did not effect much. You should always carefully review the calculation of the insurance company, they are not going to average up for you, promise that. Good luck.
Rating: 5.0
Attorney Brennan provides loyal and hardworking support to his clients in a variety of fields like workers compensation, election law, and personal injury to name a few. In my time working with Tim, he has proven to show care, compassion and dedication to each person’s individual needs.
Sasha
Answered on Aug 17, 2014
Attorney fees, interest and penalties are all a possibility. There are many ways an insurer can violate the WC Act. If they do violate the Act or unreasonably deny your claim, they can be forced to pay your fees. Honestly, the rules for a reasonable contest have become so loose for the insurers that they infrequently have to pay – sometimes it is the facts, sometimes it is the judge.
Answered on Aug 17, 2014
Generally it depends on your goals, every now and then things work out for folks without an attorney. Generally I see people getting less than they deserved when I hear there stories after the fact. I would say an attorney is a smarter route though. The insurance companies start managing claims the minute people get hurt, they don’t care about your health or future, it’s not their role.
Answered on Aug 14, 2014
In the business invitee situation there is a case about wet tickets and debris, I also recall a case about a mix of dirt and other material being an unreasonably dangerous condition. However, I did not win my case. I think this is going to be a very difficult case, get a good experienced attorney.
Answered on Aug 2, 2014
You indicated there was a immigration issue, maybe there is a discrimination based issue or age issue. You really need to sit down and talk to someone. There are no where near enough facts to know based on this short statement. However, it is worth talking to someone on. Good luck.
Asked in Chester, PA , on Aug 1, 2014
And i was in the union they did nothing to really help me what should i do
Answered on Aug 1, 2014
There may be something in the Bargaining agreement, but you really need more facts here. It is not very clear what happened. Generally in PA, we are an at will state, and you can be fired for anything even the color of your eyes. Unless the bargaining agreement says different or there is a discrimination based discharge or some statutory or common law exception, there is limited protection from discharge.
Answered on Jul 29, 2014
Repetitive work injuries can be the basis for a workers compensation claim. They are difficult but frequent issues. If your employer does not acknowledge the claim, you could need to file a claim petition. That would establish a right to medical benefits and any wage loss. If the WC doctors are properly posted you may have to treat with the insurers doctor for 90 days. However, if they are not acknowledging the claim, you may be able to treat with the doctor of your choice if you have other insurance, etc. Sometimes that helps to get right to the actual condition and if it is work related. You would need to sit down with an attorney and talk about all the facts, which does sound like a good idea at this point because if you have carpel tunnel you will need to manage the claim carefully, especially the early parts of the claim. Good luck.
Answered on Jul 22, 2014
These cases are tough, they generally deny based on the personal animus exception. However, I just spent 2 years fighting (and winning) a workers compensation fight case and it really has to be a purely personal animus and not somehow or other out of the work environment. You will definitely need an attorney to file a claim it is unlikely to get the WC insurer to come along willingly in this type of case. Good luck
Answered on Jul 21, 2014
You may have a workers compensation claim. They may have also violated the act in not processing your claim if you advised them of a work related condition and they failed to investigate the claim or respond to you in a timely fashion. One of the big things is getting the right doctor, these are intensely fact specific medical cases, a good expert is very important. Whatever you do, make sure you give very specific notice to your supervisor of the injury and its work relatedness. There are very strict timelines to make a claim in workers compensation. Good luck.
Asked in Allentown, PA , on Jul 18, 2014
I have IME scheduled, what if the ime doctor says I can do light duty desk work and I disagree. My injury hurts especially in the morning getting out of bed and whenever I sit for periods of time, (plantar fasciitis). It basically hurts all day. I know the ime doctor will try to make me go back to work light duty. My doctor has me off work until further notice. I need advice on how to make this ime keep me away from light duty. I mean I’m limping when I walk but he will say I can sit all day. Any ideas would be great thanks
Answered on Jul 19, 2014
I tend to agree with the prior attorneys. The IME doctors are paid by the insurance companies, they release people that’s what they do. Every now and then you have exceptions though. One of my specific concerns for your case is – are you at the early stages of the claim and what diagnostics have been done. Early on you are often captive treating with WC doctors who are not ordering all the testing you need. Hate to say it, but it’s true. Depending on the mechanism of injury you might have some other nerve, muscle or tendon injury that is not being diagnosed. Dr. Barry Ruht is a foot doctor in the Valley who deals with that part of the body and has good experience with WC cases. You just want to be sure that you are being looked at the way you need to be.
Answered on Jul 9, 2014
WC is a little less formal than typical litigation, but what many claimants do not realize is that nearly every advantage the insurer can exploit, they will. The first few days of a claim can be critical depending on the issues. I have had many people wait too long and end up facing a termination that cuts off there benefits. Other people I see getting a weak diagnosis and returning to work, then suffering for several month because they return to receive wages which cuts off there benefits – then we are fighting the real injury while the insurance company is starving them and denying the claim. If you have a serious injury, you should take the claim serious an return someone to walk you through it. Make no mistake, the early part of a claim is crucial. Good luck.
Answered on Jun 26, 2014
There are a number of attorneys who work with the Americans with Disabilities Act, but you should contact someone immediately as there are exceptionally short timelines to file suit. You would be looking for an employment discrimination attorney more than likely. You may also be looking for a civil rights attorney if you are a government employee.
Answered on Jun 26, 2014
It is a very difficult situation to be in post injury, unfortunately many employers are using terminations (often time hurting the reputation of the employees) as a device for claims management. This is a particularly dicey part of your claim, as it is unclear if you have come back with a suspension for earning the same amount of money. They could have cut off your benefits if that is the case and force you to prove your case (while not receiving benefits) – starving the claimant’s is another claim management technique. If you have restrictions and they terminate you, then you are entitled to a presumption that your disability is related to work. It would be a good idea to sit down with someone to figure out how to move forward if your employer is pushing you out.
Asked in Strasburg, PA , on Jun 22, 2014
i worked at my job for 8yrs & it seemed like each year i would miss more work from being sick, well a former employee found out they had mold & turned them into osha, osha made them take care of problem, but i heard from previous mgr that the mold is in the basement,i do plan on calling osha , it really got bad for me last month i was sick for 2weeks,bronc, and could hardly breath, i know this is due to the mold in basement which in turn is coming thru the vents,do i have a legal foot to stand on?
Answered on Jun 22, 2014
I had the same type of case last year, black mold along with exposure to pigeon droppings in a ventilation system. You can also consider making a workers compensation claim, which would depend on more of the specifics but you should definitely look into that option.
Answered on Jun 21, 2014
It seems like you would have a case, it is helpful that you have well documented noise levels. It also may make you case a little easier because you have been there for so long, a judge is likely to believe you and it would be difficult to show another cause. I would be concerned about some of the timelines. If you decide to file, there may be additional penalties (which benefits you) against the company for failing to acknowledge or investigate the claim within 21 days of making the claim. I would be curious of the basis for the denial (but then again it doesn’t sound like they gave one). There is a great book in the Bucks County Law Library specifically on WC hearing loss, you should take a look at it. It is a complicated area so I would not do it alone and would hire someone to file fore you. Whatever you do, don’t sit on it, there are a number of strict timelines in WC that you have to follow. Good luck.
Asked in Philadelphia, PA , on Jun 20, 2014
On a Sunday I fell and hurt my arm/wrist. Went to te ER and got medication/xrays. diagnosis of sprained wrist/elbow with instructions to see specialist. Called pcp next day for referral, was told to come in. Went to pcp office that day ,referred to the ortho specialist. Went to the ortho specialist next day (Tuesday) and received brace , medication. Returned to work (me-f week) on wendsday. My employer counts all unscheduled absence as an “occurance” on a rolling calendar year with disciplinary action taken for three occurances. I requested fmla through the companies third party fmla approval service -unam. My specialist filled out te fmla paperwork stating I was there and revived treatment And I attached ER and pcp verifications.unam said not approved Is this legal? Can I appeal?
Answered on Jun 21, 2014
You can also think about workers compensation. If you had any restrictions that would have made you unable to do your job duties, you might not even be required to come in and they would be required to pay you. Also, if they terminated you, especially due to taking time to treat after an injury, they would be required to keep paying you until they proved a number of things. There is a presumption it sounds like you would enjoy, as it sounds like you had some obvious limitations if you were let go.
Asked in Philadelphia, PA , on Jun 13, 2014
I would like to know what is independent neurological examination ask by insurance company. What to expect and should I get a lawyer. I have cervical injury and I torn my right rotator cuff. I am currently receiving benefits from WC. A friend of mine read that most herniation happen in lumbar not cervical spine. I am 51 years old, worry about my future.
Answered on Jun 13, 2014
I am guessing you will have a difficult case, not necessarily because of whether it is compensible but because of the mix of should and cervical injuries. You should talk to an attorney about all of these issues because the mix of injuries could give the company an opportunity to deny you claim or not accept all of the conditions you now suffer from. These conditions could effect your future earning capacity. You definitely need someone to manage the claim and make sure you are treated fairly. The insurance company is not in the business of just paying claims. Good luck.
For the eighth year, Tim Brennan, headed back to the Coal Region to serve as the bartender for a very good cause at the Friend’s of St. Kieran’s Annual Heritage Day in Heckscherville, PA. This builds on the pro bono work Mr. Brennan has done for the Friends of St. Kieran’s, a non profit religious organization seeking to preserve the history of the Irish Valley.
For the eighth year, Tim Brennan, headed back to the Coal Region to serve as the bartender for a very good cause at the Friend’s of St. Kieran’s Annual Heritage Day. Each year Mr. Brennan goes back to act in the famous Irish play, “Finnegan’s Wake,” where he is the bartender in the play that recounts the humorous deeds and misdeeds of Tim Finnegan, a working man who fell from a ladder only to wake up at his own funeral. Mr. Brennan has been a student of Irish history and studied in Ireland, at Trinity College, while attending law school.
The Irish Valley has great significance to Tim because his great, great, great grandfather, John D. Brennan, was laid to rest in the parish cemetery at St. Kieran’s Church in 1888, only a few hundred yards from the stage he now performs on. The elder Brennan was a well known mine engineer who worked with John Siney, the famous labor leader who formed the Workers Benevolent Association, in the 1870’s to intercede in and resolve a number of labor disputes between President Gowen, of Reading Anthercite, and the local miners.
After the St. Kieran’s Church was closed by the Diocese of Allentown, Mr. Brennan began helping several residents of the Valley and local Ancient order of Hibernian (AOH) members to preserve the church on a pro bono basis. Mr. Brennan helped the group form the Friends of St. Kieran’s, a non profit religious organization seeking to preserve the history of the Irish Valley and to tell the unique and compelling story of Irish immigration, heritage and culture.
The area is indeed historic and worthy of preservation, the church was built by the hands of local miners, many of whom spoke Irish as their first language, in 1858 and was christened by St. John Neumann. It is said that the Saint learned Gaelic just to minister to local coal miners.
The National Board of the AOH in America recognizes the site as an icon in the history of the Order. The AOH, which is a national Irish religious fraternal organization has its roots in the Irish Valley. Members from the area went to the NY parade in 1836, partly to discuss discrimation and violence against Catholics and the clergy by the Know Nothing Party. Within a few months the AOH was born to protect the faith, the church and the culture of the Irish. Conceivably, some of those with AOH grave markers or those without such markers buried in St. Kieran’s cemetery could have been the actual founders of the AOH who went to NY in 1836 for the NY parade
Answered on May 26, 2014
Absolutely, you are in a very difficult position. Insurance companies never want to simply pay bills and an injured workers lost wages. There is little room for them to get out of paying the medical benefits, unfortunately it has become a defense tactic to terminate injured employees to show their wage loss is due to something other than the work injury. It is insanely frustrating and represents the worst abuses (in my opinion) of the claims management regimen – because it also injures a person’s reputation and employability. Good luck, I wish you the best, but please do call someone to help you.
Answered on May 25, 2014
You still have time to make a claim, you should talk to an attorney about filing for you. The number one priority now would be to make sure you have provided notice to the employer of the injury and its relation to work. There is a short time period to provide notice, 120 days, and failure to do so could jeopardize your benefits. You need to properly manage your claim and be sure you are getting the right treatment and medical advice. I would talk to someone to handle the claim set up to be sure you are putting your case together appropriately, especially if this is a severe injury (which you don’t know yet)
Answered on May 25, 2014
If there is an injury related to your employment, you can make a claim for any medical treatment or loss of wages you might suffer. As an initial matter, there are strict limitations on the time to provide notice of an injury, so as soon as you have an injury and have reason to know it is work related, you should advice your employer (preferably in writing). You should probably see a doctor to find out if this is work related, there are a number of great pain doctor in the Allentown area. You should talk to an attorney and get the direction you need on it, especially is there is something serious going on.
Asked in Meadville, PA , on May 18, 2014
I had back surgery over a year ago. I was threatened to be replaced after 6 weeks of recovery. I returned to work, my dr didn’t recommend it but he signed off on it. he put restrictions on my return but my employer says my job is considered a light duty job. I am a machinist and there is nothing light duty about my job. I have tried to do my job but I am to the point where I am in constant pain. I have talked with all dr involved, all they want to do is prescribe pain medicine that covers the problem and has made my back worse. the one doctor has advised me to take FMLA but doing this I will have no income to support my family. I am afraid if I continue to work at this job I am going to do permanent damage to my back. I feel there is some kind of job I can do but not this. do I have option
Answered on May 19, 2014
More facts would be needed. Even if this is an aggravation of preexisting nonwork related condition you may have a claim for workers compensation benefits. Also, you may have protections under the Americans with Disabilities Act which require the employer to accommodate your condition.
Asked in Quakertown, PA , on May 14, 2014
I have a work comp case open. My foot is still in bad shape and im thinking of seeing a psychiatrist because I feel depressed and stressed about it. Would seeing a psychiatrist make a possible future settlement larger or would it not matter?
Answered on May 15, 2014
I would say alot depends on the Judge, how your credibility is perceived and the expert you chose. I have actually heard judges say they are surprised more of these claims are not made. Other judges are skeptical no matter who you present. I think these claims do increase settlement value though, because it raises the specter of a longer claim and a more difficult condition to accommodate.
Answered on May 14, 2014
It sounds like you have had a work injury – depending on the type of injury and what your medical providers opine, you may have have restrictions that keep you out of work and require you to continue receiving wage loss benefits. You really have to aggressively assert your right with the insurance company, which do not give an inch to providing what is deserved. If you had a work injury, I would recommend finding out what is available to you and talking to an attorney.
Answered on May 5, 2014
The noncompete must be reasonable in time and scope and their are generally a number of defenses. There is a checklist of items that would have to be looked at. It sounds as if you have a good defense if it was not signed, but more facts are needed. Someone would have to read the whole clause and get all of the facts before giving any reliable advice. Good luck.
Answered on Apr 30, 2014
It is a very fact intensive question, you sound to be in litigation, perhaps there has been a suspension or modification petition filed against. you. You may need someone to review this for you. The Allentown judges move things along quickly and are a fair group. If you are unrepresented, you should not be going to a mediation and valuing a case without some help. People honestly do better in these cases when they have representation.
Asked in Somerset, PA , on Apr 27, 2014
How far on either side of a Pennsylvania state road does the state own? I want to know at what point I would be infringing on private property (rural wooded/farmland area). Thank you.
Answered on Apr 28, 2014
It all depends, some roads are created by statute some local roads have been created by dedication. You would need to provide more details. It is likely something that can be determined by talking to the local municipality or looking at a land development plan filed in with the County.
Asked in Akron, PA , on Apr 6, 2014
I hurt my back at work a month ago. Today my back spasmned and my legs gave way when crossing the street because the pain went into my knee. I fell down skinned a knee sprained my right elbow and cracked the front of my head on the gravel. Am I covered for fees and treatment since it was the back spasm that caused the fall?
Answered on Apr 7, 2014
There is a line of cases about that exact issue that holds an employer liable not only for the direct and immediate consequences of an injury but also for the reasonable consequences of that original injury, sometimes expert testimony many be necessary, like a case I recently had with an individual with arthritic knees that gave out. Another situation this could come up is when a person is injured in the course of their treatment, such as a muscle tear during physical therapy. Once you have the insurer on the hook, things open up to be a little easier for the claimant. Good luck with the claim and I hope you get what you deserve for your injury.
Attorney Timothy P. Brennan, solicitor for the Northampton County Controller’s Office, files suit that leads to withdraw of controversial no bid contract in Northampton County.
Northampton County Executive John Brown announced Wednesday he was canceling a contract with a public relations company, the same day the county controller filed a lawsuit alleging the transaction broke county rules.
Brown’s administration had vigorously defended the $84,000 contract with Sahl Communications, but Brown said in a statement Wednesday, provided by the company, that “it was in the best interest of the county to withdraw the agreement.”
It was the resolution Controller Steve Barron was hoping for, and it came 66 minutes after he filed the lawsuit in Northampton County Court.
Brown’s decision should stop some of the negative attention the contract drew, but it doesn’t necessarily squash the legal dispute. Barron, the county’s elected controller responsible for policing internal controls over fiscal policy, said he needs more than a statement to the media to withdraw his suit
“I’m glad that it appears to be resolved, but I’m not withdrawing the lawsuit just yet,” Barron said.
In the statement, Brown also noted he met with Barron on Monday to discuss the disputed contract and chose to pull it that day after consulting his legal counsel.
“We came to this conclusion prior to learning about Mr. Barron’s decision to file suit,” Brown said. “I met with Mr. Barron on Monday morning and told him I would respond back to him after considering his request.”
Brown had already avoided one lawsuit on the matter when council voted 5-4 along party lines against taking him to court. The split was the same when council voted against a resolution to repeal the contract.
Councilman Lamont McClure, who introduced those measures, argued council had a sworn duty to enforce the administrative code, which dictates procurement procedures. McClure also sent Brown a letter last month urging him to rescind the contract.
Brown in February inked the deal with Sahl Communications without putting the contract out for bid or soliciting proposals from other agencies. He instead used a method of selection in the county code called noncompetitive negotiation, which is allowed when the services aren’t considered professional.
But in that case, the executive’s order must include specific reasons for using noncompetitive negotiation, and council solicitor Phil Lauer said Brown didn’t meet that requirement.
Additionally, the spat parses the phrase “professional service,” as defined by the administrative code — a distinction that determines whether Brown can pick a service provider or must seek multiple offers.
McClure argues that public relations is a professional service under the administrative code, requiring the executive to seek multiple offers.
Brown himself has minimally addressed the spat, but previously said he was confident his office’s handling of the contract complied with the administrative code, a position he said is bolstered by previous administrations’ actions.
The county’s procurement manager, Kathryn Anderson, also said the executive’s methods weren’t out of the ordinary.
In the lawsuit, Barron makes the case that communications are a professional service, and the contract doesn’t meet the standard of a sole-source contract, which would absolve the executive from seeking proposals.
“It’s about keeping the code in check, because next time the stakes could be higher,” Barron said about filing the suit. “I commend the county executive … he did the right thing. It’s a shame it had to come to all this.”
Asked in Emmaus, PA , on Mar 31, 2014
Got low settlement offer from insurance and current firm partners contacted me and are insisting I take it even though my attorney at the firm felt I shouldn’t. Talks with partners are gone very badly. I also have a pending PI suit and concerned about this firms abilities and interest.
Answered on Mar 31, 2014
Yes, you have the absolute right to choose the attorney to handle your matter. Ethically a departing attorney should give written notice that they are leaving and the client can choose to stay or go. In these type of cases though a fee dispute could arise, especially given that it has been worked up to settlement. Rather than pressuring you to settle, you should be advised of the risks and benefits, get the professional advise of the attorney and make your decision knowing all of the aspects of the case. Hopefully that is something that they do before you move forward.
Brennan Law Offices successfully defends State Representative, Congressional candidate and former Chairman of the House Campaign Committee
Brennan Law Offices successfully defended State Representative, Congressional candidate and former Director of the House Democratic Campaign Committee, Brendan Boyle, today. The hearing was conducted before Commonwealth Court Judge Gardner Colins as a trial under the state appellate court’s original jurisdiction.
A petition filed last week sought to challenge Representative Boyle’s ability to place his name on the ballot to run for reelection in his current 170th House District. Representative Boyle is also currently running for the United States Congress in the 13th Congressional District of Pennsylvania.
The petition alleged soley that it was improper for a person employed as a legislative assistant to notarize and circulate petitions under the Pennsylvania Notary Law. The Court found no such impropriety, noting the constitutional right to circulate petitions and engage in such activity on one’s personal time.
Notably, the Judge also commended the notary/legislative assistant, Mr. Nicholas Himebaugh, who testified briefly about his service to the community, background and motivations. Soon after, the Judge noted that the Commonwealth was lucky to have a person of his dedication and character.
The Judge also noted how well briefed the matter was by both counsel, Mr. Brennan and distinguished Bucks County Barrister Larry Otter. A published opinion is expected to follow.
Mr. Brennan noted that the case was somewhat of an oddity in that Representative Boyle has no opponent in his state house race. Mr. Brennan noted, “it’s a bit like shadow boxing, usually you know where the punches are coming from.” He added, “we are pleased with the result, Mr. Boyle is a gentleman of the highest order, I sleep better knowing people like him are in government. I am glad he will continue his service, hopefully for many more years to come.”
As an ironic aside, the term “shenanigans” was uttered at least three times during the three hour hearing, with the Judge ultimately stating on the record that no “shenanigans” were engaged in by Mr. Brennan’s client or the Democratic Caucus.
Answered on Mar 19, 2014
Sounds like you have a nurse case manager, PLEASE do not begin to trust these people at any point, they are hired to work against you and limit your rights under the Act (and to save the insurance company money). If that is the case, you can withdraw any consent you may have provided to have them there and make clear to them that you do not want them communicating with your doctor about your medical conditions, sitting in your appointments or in anyway discussing or acquiring your private health information. It sounds like you have a real injury as well or they might not have hired the person – be sure you get an accurate diagnosis in these circumstances and do not lose important protections early in the claim. And, yes, it is always better to get an attorney, too many people blow up there case early on or do not even realize they are losing rights or not being treating properly. Good luck with the case.
Answered on Mar 17, 2014
You do need to talk to a workers compensation attorney, there are a number of facts to discuss – how long did you receive wage loss payments, did the new work aggravate the old injury are there any potential tolling questions. I would talk to someone ASAP, Mike Brant, Jim Burn and Dan Bricmont are all good comp attorneys out west. Good luck.
Answered on Mar 15, 2014
The insurance company is not in the business of voluntarily paying claims and unfortunately it colors everything they do in handling a claim. I would keep notes of the conversation and follow up if need be. There is a petition that can be filed to correct the description of the injury itself, which is important, as it controls the treatment you might receive. Bad start to the claim, if the injury was significant, I would get moving on finding representation. Even if you don’t perceive it as significant, you should talk to someone, as often times the panel doctors fail to provide all the necessary test to adequately diagnose the injury – i.e. the back x–ray instead of an MRI. Good luck.
Answered on Mar 13, 2014
Given the circumstances, you may be able to file a workers comp action. There are a number of cases dealing with coming and going from an employee parking lot. You definitely need to provide more facts. I imagine if this turns into an insurance claim for you back benefits, you might be full time pretty quick. Also if they terminate you while still restricted, they would likely have to pay you full benefits. Feel free to call if you wanted to discuss it.
Timothy P. Brennan, Esq.
Brennan Law Offices
610-841-4020
www.brennanoffices.com
Asked in Chester Heights, PA , on Mar 13, 2014
Prescribed pt for 2 weeks
Do I need a lawyer?
Answered on Mar 13, 2014
Mr. Calhoon summed it up absolutely perfectly. You do not need to have a case nurse follow you, if they have assigned one against you, you probably have something to lose, if you have something to lose, you need an attorney. This is the period where cases are won and lost, get the help you need. Good luck and get rid of the tag along that is not representing your interests.
Answered on Mar 13, 2014
Abandonment in PA is generally tied to both a physical act and an intent. That is some think that must be proven. As a practical matter, attorneys have to be creative in these types of cases. PA has a bailment statute and it would be interesting to argue that you have improved the animal and maintain a possessory lien. You would argue that you should not have to return the animal until the lien is satisfied. This is all fact dependent but it is an interesting situation.
Asked in Perkasie, PA , on Mar 10, 2014
The present attorney rarely contacts me back when contacted in any form. Never an update at least monthly, I have to inquire. Injured 4/4/13 waiting for 2 surgical approvals submitted by Manhattan specialists. Injury now becoming a partial disability issue as nerve damage deteriorating extremity. Are there guidelines attorneys must adhere to and whom can I contact regarding this also? Workers Comp case in Penna. but not satisfied w/treatment after 90 days, mis-diagnosis.Thank You!
Answered on Mar 10, 2014
As indicated, you must be licensed in PA to handle the case in PA. In non administrative cases you can have pro hac vice filing for an out of state attorney. However, I have never even thought about that in the administrative context and would not know the procedure. Feasibly an out of state attorney generally does not want to get involved in administrative matters that require a hyper understanding of local agency law. As an aside, it is not clear, but it sounds like you are having a hard time treating in NY on a PA WC claim. If you looked into PA surgeons it make more a little quicker. I have seen some confusion and miscommunication in the past when treatment overlaps borders. It is compensible you just see some issues with health providers missing the translation. Also the panel doctors during the first 90 days often produce a misdiagnosis favorable to the employer/insurer, captive doctors are one of the really unfortunate parts of the PA practice. Good luck.
Answered on Mar 10, 2014
This is going to be a very fact specific question and your attorney is going to have to earn his keep by doing some research for you. However, without knowing the prior injury occurred (work related or not), it will like come down to whether this is a new injury, aggravation of a prior injury or a reoccurrence of some prior work or nonwork related injury. It will be a bit of a puzzle and will like not be an easy case, but knowing the goals of the WC Code and the law out there on nonwork related conditions that effect an ongoing disability, you have a reasonable shot. If the surgery is reasonable, necessary and related to a work injury/aggravation you should be able to have the surgery. It will also likely be important that the work relation is material and the disability is not related solely to some other nonwork factor. Easiest answer here is, yes, you definitely need an attorney. Good luck.
Answered on Mar 7, 2014
I would need to review all of your documents, but what it sounds like is you were denied benefits after a phone interview, appealed and was awarded benefits. The other side apparently did not show up at the hearing. From what it sounds like, they are appealing to the UCAB, which is generally a written exercise. It could be determined that you were not entitled to benefits at that level, but it sounds like the facts are on you side. There are also rules related to failing to appear at hearing that could create a problem for the employer.
Answered on Mar 6, 2014
Unless you are disabled for reasons entirely related to your other non work related condition, you will be able to continue to recover wage loss benefits. The insurance company will not provide medical benefits related to the work injury unless there has been some aggravation of a non-work related condition. All of this would be very fact intensive and there is not much to go on in request, but you should be talking to an attorney personally to fill in all the details and to go back and forth on what is best for you. Good luck.
Answered on Feb 22, 2014
You should definitely speak with an attorney who handles workers compensation cases. You can recover for a work related injury or an aggravation of a nonwork related condition. You must give notice of the potential work relationship to your injury ASAP if there is any reason to believe it is related. You should definitely speak with an attorney though. Also, depending the facts you may also be able to seek Social Security Disability. Good luck and feel free to call.
Answered on Feb 21, 2014
You can always request a continuance given the late notice and emergent situation. Often times there is only a hand up of records at these hearings. You should talk to your attorney about whether anything is going to be handed up and if testimony is necessary. None of the facts of the case are stated, so it is difficult to give anything other than general information.
Answered on Feb 20, 2014
You have an awful lot going on but you should give notice of the work condition as soon as possible. You can be on WC and STD at the same time with a credit possibly. SSD prior to your WC resolution can make things more difficult – which will depend on some age and other factors that are not mentioned here. The heart issue would not necessarily disqualify you from WC so long as you are not disabled solely for these reasons. I find these types of cases with another condition interesting because often times it ties the employers hand with the jobs they make available. That can help with negotiating a settlement. I would be careful with how you are explaining things to your employer, especially regarding the heart condition. I honestly would talk to an attorney about planning how you can maximize the benefits for you and your family and also protect yourself.
Answered on Feb 19, 2014
There are a number of facts that would need to be filled in, but it would likely come down to a willful violation of a work rule or policy for both workers comp and unemployment. Unemployment also has a line of case regarding off duty activities that negatively effect the employer. Also, for both cases you will have issues with the voluntary quit, there would be a number of questions about that – was it related to the work injury or some other overriding influence. It would be a difficult case for both UC and WC.
Asked in Beaver, PA , on Feb 18, 2014
Also if not could the nurse be reported to perhaps the PA Nursing Board for privacy invasion ? I did not sign any of the papers from the nurse. No the nurse did not come in while I was with the Dr. but went in right after I came out, without asking or inviting me in.
Answered on Feb 18, 2014
The nurse case managers do everything they can to divine permission to inquire into your medical condition, you should be explicit as possible in denying them any past, present or future authority. There is often some paper on file before an attorney is involved. It is a HIPPA violation if they are not authorized. Again, just make sure you have made it clear they have no such authority.
Answered on Feb 15, 2014
You are at one of the most critical points in your claim, if you are seeing a panel doctor, I would immediately get to another doctor. I would suggest talking to an attorney even about the doctor you see. There are a number of questions I would have regarding the nature of the injury acknowledged and some of the additional facts, but an online an online forum is not the place for that. You need to call an attorney and get the help you need. You are still receiving benefits apparently (not sure I understand the last sentence of your question), so you are in a decent spot to litigate but if you lose your benefits you will be at their mercy. Good luck.
Answered on Feb 14, 2014
You have a number of things going on and should (1) get an attorney, (2) get a nonpanel doctor. If you are losing wages because of a work injury or an aggravation of a non work injury, you should be compensated. Quitting makes the case a little more complicated, but you should still be able to recover if the reason you quit was related to the work injury. The insurance company will pay for medical reasonably, necessary and related to the work injury they have accepted. It is likely that your Notice of Compensation Payable has some variation of a strain but that you have a more significant injury. You will need to file to expand the definition of the injury for full coverage. Don’t walk away from it until you are paid what you deserve and you know what is wrong. It appears you need to talk with a workers compensation attorney to be sure you are treated properly, good luck.
Timothy P. Brennan, Esq.
Brennan Law Offices
www.brennanoffices.com
Answered on Feb 13, 2014
Sadly, employers and workers compensation insurers often use discipline and terminations to avoid their responsibility to make workers compensation payments. This regrettably hurts the reputation of otherwise good employees, but it works for them. If you are suspended or terminated they can claim you are not losing paychecks for reasons other than your disability, i.e. your discipline. The prior posters mentioned the ADA which may apply, there is also a common law protection for those terminated for claiming workers compensation. You should talk to a workers comp attorney not only about how to deal with the disciple and efforts to get a settlement or wage loss but also with how to deal with these doctors because you are at a critical point in your claim. Good luck.
Answered on Feb 11, 2014
Someone would have to read the total of both agreement, but it sounds like you will be more than 25 miles away as provided in the first agreement (which depends on where the PA company extends to) and the clause mentioned in the second agreement sounds like it just means that agreement is government by PA law. Also, there may be some enforceability issues with the non complete clause because it is indefinite in many regards, what is covered, and possibly overreaching in its geographic scope. Again, an attorney would have to review both agreement in total though.
Answered on Feb 11, 2014
It really depends on how long ago the claim was closed, i.e. when the last payment was made, and how the claim was closed, termination, suspension, settlement. You should have a fair amount of urgency to contact a workers compensation attorney to look over it. If it was seven years old and you received benefits you are likely near the end of your period to reinstate or possibly past it. You should contact someone ASAP to go over it with you, especially if you are unable to work.
Answered on Feb 3, 2014
It sounds like you are in one of those very close cases that might be considered to be in the course and scope of work, it will be very fact intensive, for example why were in the location, was it the parking lot, etc. I would talk to a workers compensation attorney, any decent one will give you a free consult and you will likely not pay anything unless you recovery continuing benefits or a settlement. Sounds like you have a significant injury and there is too much at stake not to, good luck.
Answered on Feb 3, 2014
The notice usually tells you what to expect, including the time allotted for the hearing. There is a webpage that posts the judges preferences that may give more guidance – http://www.portal.state.pa.us/portal/server.pt/community/judge_information/10416. I am not sure where you are at in the process, but you should talk to an attorney who handles these cases.
Answered on Feb 3, 2014
I agree, the insurance company often fails to properly calculate the Average Weekly Wage, which lowers the amount you receive. Often times it is because they ignore amounts that should be included, like for wages on other jobs you did at the same time, certain disability payments you received during the period or many other types of benefits like bonuses etc. There are numerous rules governing the calculation and it would be helpful to have an advocate asking you the questions that need to be asked (because the insurance company certainly won’t). Good luck.
Answered on Feb 3, 2014
I would say you need an attorney ASAP, honestly. Possible terminations are one of the most difficult things to deal with in claim management. In my experience failure to manage each and every decision at this point could irreparably harm your claim. Insurance companies and employers use terminations (if done right) to cut off your benefits. That you have not been released puts you in a much better spot, but you still need to carefully manage this part of your claim. Good luck.
Answered on Feb 3, 2014
Another thing to think about is whether you are entitled to workers compensation, there are many conditions that you may have coverage for. Also even an aggravation of a preexisting condition could be covered. You might want to have someone look over that issues as well, consults are free with WC with anyone who actually practices in the field (in my experience).
Asked in Trexlertown, PA , on Jan 28, 2014
Its 6 mos after my injury and was diagnosed with tarsal tunnel syndrome by the comp doctor without emg tests so i want second opinion and will wc insurance pay? And can i cancel my next appointment with comp doctor?
Answered on Jan 29, 2014
I generally get my clients away from the panel doctors for WC as soon as possible. I have seen some very questionable opinions from panel doctors who get many of their cases form the insurance companies. You should also be conscious that some employer’s impermissibly take action to discipline or remove injured employees to avoid liability for wage loss payments, so you should be sensitive to how your particular employer is responding. There can be pressure from the insurance companies. That said, an attorney would be helpful in most circumstances to tell you if there seems to be issues on the horizon, to help you with deciding how to move forward with treatment, timing and long term issues – I see many people’s claims permanently damaged because of going it alone and not anticipating many of the issues that come up. You should get a free consult.
Answered on Jan 28, 2014
I agree, it will depend on a few additional fact. However, even if you are past the statute, the condition may be a compensable aggravation at your current work. If it happened at work you should give notice immediately. There are many variable about choosing the route that would be best for you to take from here, so it would be wise to sit down with an attorney to talk about these issues.
Answered on Jan 23, 2014
There are a number of facts that should be developed but you indicate that the doctor said there is not enough for them to operate, but you have exceptional symptoms. If you are still seeing the panel doctor, that would concern me. I would get an independent opinion. Also, making 80K you are probably a Union worker, so you should know you have a number of other protections and/or benefits in making a WC claim. Debilitating pain can be a basis for continued benefits and yes a settlement is possible, WC is very settlement driven. You definitely should contact an attorney to handle the case because it sounds like you have a potentially good case with alot to lose, good luck.
Answered on Jan 23, 2014
The time period varies to receive an opinion, I usually see an opinion in 3-6 months. However, responses have been slowed down, in particular in the Allentown area where I practice, my the institution of the new WCAIS system, a new management program being implemented by labor and industry. You can always call and ask the staff when they anticipate an opinion.
Answered on Jan 23, 2014
You would continue to receive medical benefits related to your injury only, however, as other attorneys have indicated it would be a very drastic and unwise move. Depending on the facts of the case, you could be throwing away tens of thousands of dollars by not asserting your rights. You might even be able to settle the wage loss claim while keeping medical benefits. Definitely do not walk away from your claim, definitely speak to an attorney before seeing another panel doctor or taking any action.
Answered on Jan 22, 2014
This is a fairly fact intensive inquiry and the injury that you have is uncommon, but could be very significant. You could end up on both WC and SSDI. I would think you are at an age where SSDI would be possible. You will definitely have to be careful with how any settlement is reached and executed because of the complexities of your case. All the best with your case.
Asked in Philadelphia, PA , on Jan 21, 2014
I quit my job due to illegal activity. My employer was being investigated by the PA State Inspector General’s Office for falsifying invoices to the state. I have an email thread from the investigator asking me questions about the fake invoices. My employer had me type them for her. I was interviewed by the Inspector General’s Office a couple of days after I quit. I have an unemployment hearing at the end of the week. Will I receive unemployment if I have proof of illegal and unethical activities of my employer?
Answered on Jan 21, 2014
Answered on Jan 21, 2014
Truth is always a defense, it will also be hard to prove damages. That said, it is a case that must be defended. If there is a true abuse of process of some sort there may be a counterclaim. You should sit down with an attorney on it to discuss the most cost efficient way to respond.
Asked in Wexford, PA , on Jan 19, 2014
My hearing is in 4 weeks and on the notice it lists my company, their lawyer, their insurance company and Sedgwick. Does this mean they are looking to settle my case? I got hurt over 13 months ago and I am still having a lot of problems and taking a lot of medications. I finished therapy about 3 months ago and he told me he didn’t think I would ever get better but I asked to do another therapy but it doesn’t seem to be doing any good. Workmens comp. asked my company 2 times if there was anything I could come and do and they said both times there was nothing and to him on workmens comp. I don’t think I will ever get better or be the same again or be able to hold a job of any kind. If I do settle would I get SSDI and what kind of health insurance would me and my family be able to get
Answered on Jan 20, 2014
Workers compensation is a very settlement driven practice, it is not just about getting the best number possible, as you seem to understand. I always feel like I spend more time working on the settlement details then I do on the case itself (liability, etc). It is hard for a non-WC attorney to deal with these issues, so you should not be doing it on your own at this point. The insurer is always looking to settle, the question is will you make a settlement that is in your best interests now and 10, 20, 30 years from now – that involves considering your potential to continue benefits, your ability to work in your profession or another profession, other potential health providers/insurers, statutory requirements to protect state or federal benefits you have already received or may receive in the future (that could came back to hurt you substantially), and the monetary figures being offered to settle the case. Your considerations related to SSD also depend on how you handle your compensation case. Best thing that you can do is get someone qualified to handle the mediation so you are prepared to deal with all of these many issues.
Answered on Jan 20, 2014
It is very fact intensive, but you should file for unemployment. You will have to show that you did not engage in willful misconduct. We are an employment at will state, so that makes a wrongful discharge claims unlikely unless you have had recent work injury and this is in retaliation (which is common) or you were discharges because of protected characteristic.
Answered on Jan 20, 2014
Wrongful termination would be difficult based on these facts, also entitlement to unemployment is also unclear based on the limited facts. You should talk to an attorney that handles these types of cases, generally there is a reasonable flat fee to attend a UC hearing for a client.
Answered on Jan 19, 2014
You should probably call an attorney, an employment attorney should be willing to give you a free consult. The facts could use some more development, which would be rough in this format. One question I would have is what is the nature of the condition, was it caused or exacerbated by work. The other possible issue could be the handling of the FMLA leave and any ADA issues.
Answered on Jan 17, 2014
If they are calling it a strain and you are out for several months, there is likely a larger injury which the insurance company is not acknowledging. On the bright side, you are continuing to receive benefits which puts you in a better position to negotiate a settlement. If you are unrepresented, they likely believe they will be able to remove you from benefits on the short term without fully acknowledging whatever injury you might have – for example a nerve injury or carpel tunnel or the like – which might require more treatment or surgery. I would have a number of follow up questions, for example, are you still seeing a panel doctor? I would definitely talk to someone to protect yourself and to maximize your settlement. Good luck.
Asked in Bethel Park, PA , on Jan 16, 2014
If a person was deemed eligible initially in Pennsylvania for Unemployment Compensation but the employer appealed and the Unemployment Compensation Service Center reversed the decision. This person was terminated related to a work policy violation. The decision was based on a policy of progressive discipline and willful misconduct.
Answered on Jan 16, 2014
Much depends on the circumstances, but you could be required to repay UC for an overpayment. There are two types of overpayments, fault based and nonfault based. You may be required to actually pay back a fault based overpayment, whereas a nonfault based overpayment may be deducted from future UC in a particular time period. What is going on specifically in you case depends on the facts. Good luck.
Answered on Jan 15, 2014
The rule of thumb is generally 6 months per IME visit. If the company is sending you that frequently there could be a combination of several things going on, always number one for the insurer is (1) they want to get you off of benefits, (2) it could also be that you have a difficult to diagnose condition such determining if there is a shoulder/neck issue or some nerve condition. I tell my clients to go elsewhere as soon as they can for treatment, as I have little trust in panel doctors who get referred many of their patients by insurance carriers who want to limit their liability – although in fairness, I have seen some decent panel doctors. You can treat elsewhere and out of state, though there are some other consideration with that choice. You should probably talk to a workers compensation attorney as it sounds like you have a significant injury and something to lose by going it alone. The field is very nuanced and the is geared to protecting the injured work from the employer and even from his or her attorney (fees must be approved by a judge). Good luck.
Answered on Jan 15, 2014
It sounds like you are receiving some type of contractual disability. However, as a PA worker, you may also be entitled to workers compensation for any work related mental stress that debilitates you or is exacerbated by your work conditions. It very much depends on the type of work factors you were exposed to and whether there has been or are any physical manifestations. You should talk to an workers compensation attorney as a possible other avenue to compensation. You may also want to know that you could be entitled to both a contractual disability policy and WC subject to some type of credit, that WC benefits are tax free and that your entitlement may be longer for WC. Good luck.
Answered on Jan 15, 2014
Another question might be, why were you having spinal fusion in the first place, if it is a work condition or you exacerbated a nonwork condition working, you may be covered by workers compensation for medical. If there is a work basis, you must give the employer notice ASAP as you failure to give notice within 120 of the injury and work relatedness could bar a claim. Good luck.
Answered on Jan 15, 2014
If you have a work related condition, you may be entitled to workers compensation for work related mental stress that causes such bills, debilitates you or is exacerbated by your work conditions. It very much depends on the type of work factors you were exposed to and whether there has been or are any physical manifestations. You should talk to an workers compensation attorney as the facts make it unclear what is actually going on in your case. All the best.
Answered on Jan 15, 2014
It sounds like you are receiving some type of contractual disability. However, as a PA worker, you may also be entitled to workers compensation for any work related mental stress that debilitates you or is exacerbated by your work conditions. It very much depends on the type of work factors you were exposed to and whether there has been or are any physical manifestations. You should talk to an workers compensation attorney as a possible other avenue to compensation. Good luck.
Answered on Jan 13, 2014
Yes, your lawyer will want to gather all of your medical records. Generally you will provide a HIPPA release form and an oral history. There is a fee to request the records which is often quite high, but most attorney handle these cases contingent, meaning they advance you costs. A good lawyer will then review the records and see if anything was missed in the oral history (most people forget parts of their treatment). The insurance company will be reviewing these records to poke holes, so you want you attorney to have as much advance knowledge as possible. Good luck.
Answered on Jan 12, 2014
Determining your average weekly wage is one of the most abstract and time consuming portions of a WC claim. You need to sit down with someone and talk about any bonuses, concurrent employment, prior claims and numerous other factors to have the calculation done properly. This is the hidden gold mine in WC cases if you have someone that takes the time to do it. Good luck.
Answered on Jan 8, 2014
You will definitely need to fill in the facts when you speak with someone – it almost does not sound like a workers compensation benefit. However, maybe this is a last WC check, payments in a set aside, or any number of things, it is really too hard to say with the facts presented. However, if he had a work injury and his passing is in any way arguably related, you need to have a workers compensation attorney look it over and give you some direction… I have seen so many people leave money on the table in these circumstances, don’t let it happen to you. Best of luck to you.
Answered on Jan 3, 2014
I agree with the previous response, there are a number of possible protections that are statutory and common law, such as if there is retaliation for make a claim of a work injury. There may be some notice and opportunity to respond (due process) requirements if you work for a government employer. Good luck.
Asked in Philadelphia, PA , on Jan 3, 2014
At first they agreed to sell me property but then reneged on the deal and sent my money back.
Answered on Jan 3, 2014
I agree with Mike, under PA law, there is no adverse possession against the government. You may want to look into an attorney have handles federal claims for a possible statutory remedy.
Answered on Jan 3, 2014
I agree with the other attorneys who answered, but if it is a contract action an you have not filed, you should considering doing so as there is a four year limit on such claims. That along with the ability to get a Judgement will depend on the facts. The bright side is you have possession of something which generally makes collection easier. Good luck.
Rating: 5.0
I worked with Attorney Brennan in the resolution of my parents estate. I had heard of him through a mutual business associate and was extremely satisfied with the Tim’s expertise, professionalism and communication throughout the process. Tim counseled me on nuances of estate law that had implications we never would have been aware of. In fact, I plan on working with Attorney Brennan to review my personal estate plan.
He is knowledgeable, responsive, and works with the the highest standards of integrity. I would definitely use his services again.
Phyllis
Answered on Jan 2, 2014
They definitely should not unilaterally stop your checks without an Order, but insurance companies do a lot of things they should not do. It is mostly likely not a purposeful issues, but it is not outside the realm of possibility that an adjuster is waiting on the IME report somewhere. If that is the case, it can mean they are responsibility for penalties. Odds are you will see the check shortly. Good luck.
Answered on Jan 2, 2014
I always get a little nervous when I hear a panel doctor predicting a recovery date, you really do need someone who handles these issues on a day in day out basis. You need to speak with a WC attorney and explain all the details, but you should do so before you see that doctor again. Best of luck.
Asked in York, PA , on Dec 27, 2013
I am trying to get workers compensation benefits. I don’t know if it is my employer’s nurse or an insurance adjuster but someone is showing up at my doctor’s appointments with my own physician and talking to my doctor about my work status and medical status. Can they do this?
Answered on Dec 30, 2013
Honestly, I have heard many clients say they love their nurse and trust their nurse, then I subpoena records and see that the nurse has been completely undermining my client’s case. These individuals are paid to reduce risk of exposure to the insurance company. If you have a nurse coming to your appointments, you probably have something to lose and should hire an attorney to protect your rights. Good luck.
Asked in Yorba Linda, CA , on Dec 16, 2013
I have filed a claim and it’s been a few months since my injury. Do I need an MRI? My PTP seems to think so; I already had x-rays, plus he wants to do a med/legal report (claim’s been denied). Is that really necessary? Do I need an attorney?
Answered on Dec 23, 2013
I have seen many panel doctors avoid giving diagnostics that might definitely diagnosis a condition that would ultimately be the responsibility of the insurers who refer them cases. It really depends on the injury and the character of the doctor (unfortunately). If you do retain someone, they will most likely refer you to healthcare providers who will treat you properly. However, your question really depends on many facts which are not stated in the question. Good luck.
Asked in Wilkes Barre, PA , on Dec 19, 2013
Already receiving Worker’s Compensation since October 2013. Now they pull this Recorded Statement thing saying need statement and sign waiver. I filled out incident report and signed medical release form. I believe that is enough. If I do not cooperate they will deny my claim. The Insurance company hired a private detective to perform the Recorded statement. So they are watching me now as well. I am unable to work and need 2 separate surgeries in the Spring 2014. Please advise.
Answered on Dec 23, 2013
I definitely agree you should speak to an attorney before giving a statement. Many individuals I speak with think they can go it alone and do damage to their case. An attorney will help you form your goals, which many clients do have initially, i.e. return to the company or seek a settlement. It also protects you from saying anything that could hurt your case. However, as with any legal question, the specific facts would have to be considered in charting a course. Good luck.
Timothy P. Brennan has recently been named an Experienced Member of the Hearing Committee for Disciplinary Board of the Supreme Court of Pennsylvania
Timothy P. Brennan has been named an Experienced Member of the Hearing Committee for the Disciplinary Board of the Supreme Court of Pen
Linay Haubert R.N., Esq. focuses her practice on workers’ compensation, Social Security Disability, and family law matters.
Linay social security disability practice focuses on matters spanning SSD applications, appeals before administrative law judges, and over payment issues.
As your SSD lawyer and advocate, Linay will:
Review the strengths and weaknesses of your SSD case
Explain your medical records
Review what is needed from you doctor in terms of documentation and care
Determine the viability of your SSD claim
As a workers’ comp lawyer, she represents employers in work injury matters at the trial and appellate level in Bucks County, Montgomery County, and the Philadelphia region. Her family law experience ranges from domestic issues involving divorce, support, custody, marital agreements, and protections from abuse.
With over 15 years of experience as a registered nurse, Linay brings a unique perspective that is especially beneficial in handling medically complex social security disability cases. Ms. Haubert has worked in busy urban medical/surgical intensive care units. She cared for patients with a wide array of medical conditions, including pre and post-liver transplant, traumatic brain injuries, acute/chronic renal failure, kidney dialysis, sepsis, ventilator management, etc. Frequently functioned in charge nurse and preceptor roles.
Linay joined the High Swartz LLP in 2016 during the firm’s merger with McNamara, Bolla & Panzer. She had practiced at MBP since 2007.
Linay’s talents and skills are as applicable in the community as at the law firm. She is an active volunteer for the PTA and youth sports programs. She helps in several fundraising causes, including Shriners Hospital for Children, St. Jude Children’s Hospital, and the Wounded Warrior Project®.
Linay is also engaged in the Discovery Service Project’s mission work to build community centers for childcare and job training in South America.
On top of being an attorney, Linay is also a registered nurse. She graduated from Bucks County Community College with her two-year RN and from LaSalle University with her BSN. Those experiences help her better understand her clients’ needs.
Linay put her nursing skills to the test working in the Albert Einstein Medical Center ICU in Philadelphia.
In 2018, the Haubert’s bought Treasure Island, a former Boy Scouts Camp situated on an island along the Delaware River adjacent to Bucks County. They converted it into a family camp, and the Cradle of Liberty Council of Boy Scouts of America is welcomed back yearly to camp for free.