Pennsylvania Workers' Compensation Blog

Five Martin Banks attorneys were recently named “2008 Pennsylvania Rising Stars” in Philadelphia Magazine and Pennsylvania Super Lawyer Magazine, an annual listing of the top lawyers in Pennsylvania.

Partner David F. Stern and associates Francis Ciprero, Thomas Giordano, Jr., Jody Joy, and Amit Shah were selected by their peers statewide and represent the top 2.5 percent of up-and-coming attorneys in Pennsylvania.

The list of Pennsylvania Rising Stars, representing more than 60 practice areas, is published annually in the December issues of Pennsylvania Super Lawyers – Rising Stars Edition, and Philadelphia Magazine.

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Pursuant to the Workers' Compensation Act, Section 105.1, the Department of Labor & Industry has determined the statewide average weekly wage for injuries occurring on and after Jan. 1, 2009, shall be $836.00 per week. For purposes of calculating the update to payments for medical treatment rendered on and after Jan. 1, 2009, the percentage increase in the statewide average weekly wage is 3.6 percent.

If you were injured in 2009 and your average weekly wage is $1,254 or greater, you will collect $836.00 per week in total disability benefits. If your average weekly wage falls between $627.01 and $1,253.49, you will collect 66 2/3% of your average weekly wage on a weekly basis.

If you were injured in 2009 and your average weekly wage is between $464.44 and $627.00, you will collect $418.00 in weekly total disability benefits.

If you were injured in 2009 and your average weekly wage is $464.43 or less, you will collect 90% of your average weekly wage on a weekly basis.

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Martin Banks Pond Lehocky & Wilson will sponsor a Blood Drive for the American Red Cross on Tuesday, January 20, 2009 from 9 am - 3 pm. The Blood Drive will take place on the 19th Floor of our building at 1818 Market Street, Philadelphia. Walk-ins are welcome!

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Martin Banks Pond Lehocky & Wilson partner Halmon L. Banks received the Philadelphia Bar Association's Workers' Compensation Section's 9th Annual Martha J. Hampton Award at it's annual meeting and reception. Mr. Banks was presented with the prestigious award on December 2, 2008 at Table 31. The Martha J. Hampton Award is presented to the workers' compensation attorney or judge who best exemplifies Hampton's commitment to the profession while maintaining a unique and close relationship with members of the bar and bench, as well as exemplary compassion, dedication and professionalism to the profession.

Mr. Banks is a partner in the firm and limits his practice to representing claimants in Pennsylvania workers' compensation cases. He has served as Chair of the Workers' Compensation Section of the Pennsylvania Bar Association. He is an active participant in various seminars for the Pennsylvania Bar Institute, serving as a Course Planner and speaker. He lectures in the area of workers' compensation and has authored numerous articles on the topic.

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Martin Banks Pond Lehocky & Wilson attorney Thomas J. Giordano, Jr. has been elected to the Board of Directors of the Epilepsy Foundation of Eastern Pennsylvania. The Epilepsy Foundation of Eastern Pennsylvania is a nonprofit, 501(c)(3) voluntary health organization that provides education, support, and advocacy for people with epilepsy and their families. The Epilepsy Foundation of Eastern Pennsylvania also promotes understanding of seizure disorders through a wide variety of programs presented to business, government and school communities, professional audiences, and the general public.

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In these uncertain times of recession, many workers’ fear that their jobs may be in jeopardy. Some of those who face the greatest fears are those who have gone back to work on light or modified duty, as these jobs may be the first targeted when layoffs occur.

For these clients, you need to make sure your rights are protected. Under current case law, if an individual working restricted duty due to a work injury is laid off, the employer is obligated to reinstate wage loss benefits. In many of these cases, the employer will not do so voluntarily, and a petition to reinstate benefits must be filed.

It is for these above reasons that you’ll need to make sure your rights are protected in these shaky economic times. Make sure you contact your attorney if you are laid off to discuss your options and know what benefits you are entitled to receive in case of a layoff.

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Martin Banks Pond Lehocky & Wilson partner Alfred J. Carlson recently spoke at the Pennsylvania Self-Insured Association's Annual Conference. The Association is comprised of companies which have been granted the privilege of self-insuring their workers’ compensation or who have an interest in workers’ compensation.

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Martin Banks Pond Lehocky & Wilson managing partner George E. Martin recently participated as a lecturer at the 24th Annual Pennsylvania Bar Association's Workers' Compensation Fall Section Meeting. Mr. Martin participated in the popular debate-style review of the latest cases in Pennsylvania workers' compensation on the plaintiff's side.

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George Martin, Managing Partner at Martin Banks Pond Lehocky & Wilson, served as faculty for the Pennsylvania Association for Justice's Annual Update of the Law program. Mr. Martin's program focused on a comprehensive and up-to-date examination of the latest cases in workers' compensation.

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In Nickel v. WCAB (Agway Agronomy), No. 719 C.D. 2008, October 22, 2008, the claimant and employer entered into a compromise and release agreement in the context of a claim petition where liability was disputed. Importantly, in the settlement agreement, the employer agreed to pay for the outstanding medical bills that were related to the alleged work injury. Thereafter, the employer filed a fee review which the Commonwealth Court held that it had jurisdiction to do so, because in effect it had accepted liability for their payment. However, the Court also held that the medical provider that was going to be reimbursed for bills by the employer could not seek the higher repricing under the Act after accepting initial payment from Medicaid. Nor can the medical provider seek the difference in the payment from the claimant. In other words, if the medical provider chooses to accept funds from Medicaid, then it cannot seek additional payment under the Workers' Compensation Act.

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In Waronsky v. WCAB (Mellon Bank), 367 C.D. 2008, October 22, 2008), the Commonwealth Court affirmed the denial of a claim petition by a claimant because it found that the workers' compensation judge correctly determined that the claimant was not in the course and scope of her employment when she was struck by a car as she was crossing the street from the employer-owned parking garage to the employer's office. This was reached even though the employer encouraged its employees to park in its garage and the employer had a voluntary transportation program that permitted the claimant to pay for parking with pre-tax earnings.

The claimant in this case was determined not to be in the course and scope of her employment because she was not required to park in the employer's garage, and the employer did not issue parking directives or exercise control over the mode of transportation that the claimant chose to get to work. The claimant was free to park her car where she chose. Also, the area where the employer operated did not ban on-street parking, so there was no necessity for the claimant to park in the garage.

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In Patton v. WCAB (Lane Enterprises, Inc.), 2623 C.D. 2007, filed October 22, 2008, the Commonwealth Court held on appeal that workers' compensation judge's determination that the decedent claimant did not suffer from an occupational disease was supported by substantial and competent evidence. This is because the workers' compensation judge credited the employer's medical witnesses and rejected the assertion that the claimant suffered from an occupational disease.

In fatal claims, while a death certificate is admissible as proof, it is not conclusive proof for both the fact and cause of death. As the Court found, the claimant failed to establish her entitlement to the rebuttable presumption that her husband was employed in an occupation or industry in which the occupational disease was a hazard.

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