I have a mandatory mediation hearing in 4 weeks are they looking to settle my case? What should I expect?

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.

Can I pursue an adverse possession claim against the government? The redevelopment authority says I can't.

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.

Landlord not giving a copy of lease agreement

Asked in Carnegie, PA , on Nov 19, 2010

I moved into an apartment complex on 10-16-2010. I signed the lease on that date but the manager of the complex did not sign and I was told by the leasing agents that I will get a copy once the manager signs the lease. I have not received a copy of the lease till date and I have contacted the leasing office many times and I have been told every time that I will get it once the manager signs the lease.
What are my options to force the management to give me a copy of the lease? Also what is the law in PA on tenant getting a copy of the lease and what is the legal time frame for a landlord to supply tenants a copy of the lease?

Answered on Nov 21, 2010

If things get very bad and the Landlord begins misrepresents provisions of the lease, Pennsylvania has an Unfair Consumer Trade Practice statute, which may be used related to consumer transactions. It provides for the payment of attorney fees and treble damages related to remedying certain unfair or deceptive acts or practices. This includes fraudulent or deceptive conduct which creates a likelihood of confusion or of misunderstanding. The standard in this regard is very high, however. This is enforced through private suits by attorneys and also through the Pennsylvania Attorney General’s Office.

There is a Plain Language Law which tells Landlords to write a lease so that it can be understood by consumers. However, I am not aware of any specific provision of the landlord tenant law that requires or compels a landlord to give a copy of the lease.

Timothy P. Brennan, Esq.
Croslis & Brenn an Law Offices
2030 Tilghman Street, Suite 203
Allentown, PA 18104