Month: March 2024

March 28, 2024

Stern & Cohen Leads Workers’ Compensation Section of the Philadelphia Bar Association

At Stern & Cohen, we deeply value the collective accomplishments of our team members. It’s with immense pride that we acknowledge the ongoing presence of three of our Associate Attorneys in leadership roles within the Workers’ Compensation Section of the Philadelphia Bar Association. This not only underscores the exceptional abilities of Attorneys Chloe Murray, Katy Luchansky, and Ariel Silverman but also serves as a testament to the enduring character and values that shape our firm’s identity.

Having three attorneys representing Stern & Cohen in leadership roles within such a prestigious organization emphasizes our firm’s unwavering commitment to excellence, professionalism, and community engagement. It reflects the depth of expertise and the caliber of talent that we cultivate within our ranks.

Our firm’s presence in leadership positions within the Workers’ Compensation Section demonstrates our dedication to staying at the forefront of legal developments and best practices in this specialized field. It showcases our proactive approach to advocating for our clients’ rights and shaping the future of workers’ compensation law.

Furthermore, this achievement demonstrates the supportive and collaborative environment fostered at Stern & Cohen. It speaks to our culture of empowerment and mentorship, where every team member is encouraged to reach their fullest potential and make meaningful contributions to both our firm and the broader legal community.

As we continue to uphold our firm’s values and ethos, we extend our sincere appreciation to Chloe, Katy, and Ariel for their consistent leadership and dedication. Their ongoing contributions not only inspire our team but also solidify Stern & Cohen’s standing as a prominent entity within the legal profession.

Stay tuned for more updates as we continue to strive for excellence and make a positive impact in the field of workers’ compensation law.

Did you know Stern & Cohen can help you and your loved ones with any legal need? We have relationships with the finest injury lawyers in the area and can help our clients, family and friends with ANY type of case. 

Call Stern & Cohen at (215) 999-1443 or fill out a contact form below to get in contact with a Pennsylvania Workers’ Compensation Lawyer, today. 

Updated March 27, 2024 | 4 minute read

Workers’ compensation law is constantly changing to account for modern technology, new medical discoveries, and new workplace conditions. The following issues have been recently decided in Pennsylvania, changing how workers’ compensation law operates and is decided.  

1. Medical Marijuana Reimbursement 

Employers must pay for or pay back employees’ medical treatment costs resulting from a workplace injury in Pennsylvania. In 2016, the Medical Marijuana Act gave employers the option to pay for medical marijuana or not. However, it was unclear whether employers could pay back employees for their medical marijuana expenses related to work injuries. A court decided that even though the law doesn’t require employers to cover medical marijuana, they must pay back their employees for its expenses if they do decide to cover it. Fegley v. Firestone Tire & Rubber, 291 A.3d 940 (Pa. Cmwlth. 2023). 

2. Limiting Coverage for Consequential Injuries

If an employee gets hurt while working, their employer is responsible for any additional injuries resulting from the first injury. To get coverage for a following injury, in the past, the Court simply asked, “Would the second injury have happened if the first injury had not occurred?” But now, the Court may require more evidence to prove the injuries are related. In a recent case, the Court decided that a fall suffered by an employee after returning home from treatment for a workplace injury was not covered under workers’ compensation. This decision may make it harder for employees to get compensation for later injuries that happen because of their original workplace injury. Broomall v. Alpha Sintered Metals, LLC (Workers’ Comp. Appeal Bd.), 295 A.3d 743 (Pa. Commw. Ct. 2023) 

3. The Long-Utilized “Red Book” Standard Is Set Aside.

According to Pennsylvania’s Worker’s Compensation Act, most prescription drugs in workers’ compensation cases are paid for at a price that’s 110% of the Average Wholesale Price (AWP). To calculate this AWP, the Bureau of Workers’ Compensation has traditionally used a book called the “Red Book,” which shows the average prices of different medications. However, the prices of prescription drugs have been increasing rapidly, which has resulted in the AWP numbers in the Red Book being higher than what pharmacies actually charge. Recently, the Pennsylvania Commonwealth Court ruled that the Red Book’s AWP was not accurate and, as a result, invalid. This means that the Bureau of Workers’ Compensation needs to find a new way to determine prescription AWP. However, the Court did not provide any guidance on how to do this, so everyone is currently unsure how to figure out an AWP and calculate it. Federated Ins. Co. v. Summit Pharmacy (Bureau of Workers’ Comp. Fee Review Hearing Office), 2024 Pa. Commw. LEXIS 1 (Commw. Ct. Jan. 2, 2024). 

4. The Court Applies a Physical and Mental Standard to Full Disability Case.

Workers’ compensation is hard to obtain when one suffers from a mental health injury instead of, or more prominently than, a physical injury. Because of this, courts are hesitant to award damages when an employee is mainly affected psychologically by their injury. Recently, however, the Pennsylvania Commonwealth Court broke this tradition and awarded full disability to an employee with PTSD because of a workplace injury. The Court applied a physical/mental standard that requires an employee to show that their mental injury resulted from a triggering physical injury. The Court expanded on this standard, saying that the physical injury that causes the mental injury does not need to be severe; it only needs medical treatment. This decision paves the way for more mental health acknowledgment in workers’ compensation law. Sch. Dist. of Phila. v. Smith (Workers’ Comp. Appeal Bd.), 304 A.3d 58 (Pa. Commw. Ct. 2023).  

5. Representative Tim Brennan Offers up a New Bill That May Fix a Hole in the Pennsylvania Workers’ Compensation Act.

Currently, the Workers’ Compensation Act only provides relief to employees who experience disfigurement to the head, neck, or face. This relief cannot be provided for longer than 275 weeks (about 5 and a half years). Representative Brennan brought House Bill 930 to provide a broader range of relief to employees for a more extended period. If this bill is passed, employees who experience disfigurement on any part of their body will be eligible for benefits that can last up to 400 weeks (about 7 and a half years). Additionally, these benefits will no longer be tied to total or partial disability, allowing employees to receive both types of benefits if they qualify. The bill has passed the first committee and is now awaiting review from the Chamber of Representatives. 

Have you been injured at work?  Call Stern & Cohen at (215) 999-1443 or fill out a contact form below to get in contact with a Pennsylvania Workers’ Compensation Lawyer, today. 

March 6, 2024

Are You Eligible?

One extremely common source of workplace injury is motor vehicle accidents (MVA). However, whether you’ll be eligible for workers’ compensation coverage for an injury sustained in a wreck depends on several factors, primarily whether you were performing work duties at the time of the accident. Determining whether you were within the course and scope of your employment when you were injured is a complex analysis. As a result, it is a good idea to contact an experienced workers’ compensation attorney if you have any questions about whether your work-related injury makes you eligible for workers’ compensation.  

There are some common scenarios which will render you eligible for workers’ compensation. For instance, you are likely to be entitled to benefits if you were injured while driving a company vehicle for a work-related task, transporting a fellow employee, or driving to a work activity. Driving a company vehicle is a relatively clear-cut case; however, it is also possible for you to be eligible for benefits if you were driving a personal vehicle at the time of the accident. If you were driving your personal vehicle as a regular part of your job duties or running a work-related errand, like picking up food or coffees for your office, you can qualify for workers’ compensation

Scenarios That Will Likely Make You Ineligible 

On the flip side, certain activities can render you ineligible for workers’ compensation. Generally, if you were doing something illegal when the accident occurred or were involved in a wreck during your daily commute to or from your office, any resulting injuries are likely not covered by workers’ compensation. However, it is important to consult an attorney if you think this may come up in your case, as there may be ways to address some of these issues.

What if I Don’t Have a Fixed Place of Work?

Depending on the specifics of your job, you may be entitled to workers’ compensation if you are injured while traveling to or from work. This may occur if you have no fixed place of work. For example, if you are a mobile service provider who uses a company vehicle to complete work in a variety of locations, or if you are a work-from-home employee who comes into the office occasionally, you may be eligible for workers’ compensation if you are injured while driving to or from work.

What to Do if You Get into a Motor Vehicle Accident on the Job

Car accidents can be chaotic and disastrous, making it essential to be prepared if you’re involved in one. First, be sure to attend to any urgent medical needs. Call 911 if the accident was serious and be sure to get a copy of the accident report as evidence. Document the scene by taking photos and get the information of any other drivers involved in the accident, as well as eyewitnesses. Once you are somewhere safe, notify your employer as soon as possible that you have been involved in an accident on the job and tell them about any injuries you may have incurred or any pain you are experiencing. Ask your employer for a list of company doctors and see one within ninety days of the accident.  

It is important to note that there is a 120-day deadline for filing a claim for workers’ compensation for work-related car accidents. You should report your accident to your employer and consult a workers’ compensation attorney as soon as possible to ensure you get the maximum benefits to which you are entitled. Additionally, an attorney can advise you on whether you can file a third-party claim against any other parties involved in the accident. While workers’ compensation is the sole avenue of relief against your employer, it does not preclude you from filing a third-party claim against, for instance, another driver involved in the wreck. Regardless of whether you may want to pursue a third-party claim, it is important that you consult an attorney to get the process started and get advice on what types of relief you can seek. 

Throughout the entire process, we’re here to help you.  Call Stern & Cohen at (215) 999-1443 or fill out a contact form below to get in contact with a Pennsylvania Workers’ Compensation Attorney.