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Carroll & Carroll, P.C. Library

Library Categories:

Workers' Compensation:

  • New York Times article on Independent Medical Exams [PDF]   
    Description: Recently, The New York Times began putting together a series of articles on the New York State workers’ compensation system. One of the articles printed in the April 1, 2009, edition was entitled “a world of hurt: exams of injured workers fuel mutual mistrust.” The article was written by N.R. Kleinfield and can be seen here. The whole gist of the series is the decline and unfairness of the New York workers’ compensation system. However, this article specifically focuses on the doctors who are used by the insurance companies as so called “independent” medical examiners. As this article proves, these examiners are nothing at all close to being “independent.”
  • Response to Time Magazine Article: "Doctor's View: Can Health Coverage Cause Pain?"   
    Description: This article responds to the article in the February 17, 2009 edition of Time Magazine written by Dr. Scott Haig regarding workers' compensation patients and returning to work.
  • Specific Loss Benefits [PDF]   
    Description: This document is a chart describing the amount of benefits you are entitled to receive under the Workers' Compensation Act's Specific Loss section. Under the Pennsylvania Workers' Compensation Act, if you lose a particular extremity, or lose the use of that extremity, then you can be compensated for that loss. Basically, if you get your arm chopped off at work, you are entitled to a set amount of weeks of total disability benefits based upon your average weekly wage.

    Here is a list directly from the statute listing what each body part is worth.
  • Reimbursement for Travel Expenes in Pennsylvania Workers' Compensation Cases [PDF]   
    Description: This article explains the law on the issue of when you can be reimbursed for mileage when travelling to your treating doctor in a Pennsylvania Workers' Compensation case.
  • Flow of Pennsylvania Workers' Compensation Claim Documents Prior To Litigation   
    Description: Here is a flow chart that describes the Pennsylvania workers' compensation claim documents that are most commonly seen in cases that are NOT in litigation. Just scroll over the document title for a description of what that form is used for. This is helpful if you receive a form or document in the mail and you are not sure of its purpose. Of course, you should always call your attorney (if you have one) for an explanation.
  • Construction Site Accidents and Injuries   
    Description: This article summarizes construction site injuries and accidents along with a description of some legal issues when dealing with this type of case.
  • Work Injuries Due to Inadequate Machine Guarding   
    Description: This article describes the dangers of inadequate guarding on industrial machines and the types of injuries that can be caused. It also discusses what can be done above and beyond a workers' compensation case against a company that manufactured a machine that lacked the proper guards to make it safe.
  • Former Welder's $1 Million Verdict Will Stand   
    Description: This article describes the case of a welder who won a $1 million dollar verdict in Illinois for injuries caused be welding fumes. It's an example of the various injuries welders can suffer while at work.
  • Employment Accidents -- An Overview   
    Description: The article details the Federal agencies that are responsible for worker safety and accidents.
  • Filing Your Mesothelioma Law Suit - Frequently Asked Questions   
    Description: This is an article describing the steps and issues involved in litigating a Mesothelioma law suit.
  • Dangers Associated with the Welding Profession   
    Description: Dangers Associated with the Welding Profession
  • Asbestos: A Cautionary Tale from South Africa   
    Description: Asbestos lawsuits
  • Construction Site Accidents Are Often Serious or Fatal   
    Description: Construction Site Accidents Are Often Serious or Fatal
  • Plaintiff awarded wage-loss benefits for depression that resulted from work injury [PDF]   
    Description: On July 10, in Bartholetti v. WCAB, the Commonwealth Court of Pennsylvania ruled a plaintiff was entitled to wage-loss benefits for a period of depression where her psychologist clearly opined that the depression was a result of plaintiff’s injury at work.

    Tara Bartholetti was an elementary school teacher who was punched and bit by a student when she attempted to stop a fight. She filed a claim petition alleging she suffered severe anxiety and depression from abnormal work conditions arising from the incident. After Bartholetti’s psychologist testified she suffered symptoms of post-traumatic stress syndrome as a result of the altercation, the WCJ awarded her wage-loss benefits. The WCAB, however, reversed this award, finding Bartholetti failed to prove the disabling nature of her work injuries.

    On appeal, the Commonwealth Court found the WCJ’s findings rest on the competent evidence presented by Bartholetti’s psychologist and must not be disturbed. Accordingly, the denial of wage-loss benefits was reversed.
  • Do you really have to see the company doctor? Exploding the Myth of the 90 Day Rule   
    Description: Here is an excellent article by Attorney Dan Siegel re. whether an injured employee really has to treat with the company doctor. I often tell my clients that it is not necessary and they can treat with whomever they want. Seriously, wouldn't you be more comfortable treating with your family physician or receiving a referral to a specialist from your family physician? 9 out of 10 times the employer's doctor has the employer's best interest in mind instead of the patient.

    Dan is an attorney in the Philly area. Check out his other websites if you get a chance.
  • Flow of a Pennsylvania Workers' Compensation Claim [PDF]   
    Description: This is a nice little form from the Workers' Compensation Bureau that describes the flow of the basic workers' compensation case. We have a printed version of this form in our lobby. It's a good summary of what's done and can be a good visual explanation of why these cases, sometimes, take a long time. Of course, every case is different so your particular case may not follow this example exactly.
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