James R. Flandreau Workers Compensation Law Blog

On October 13, 2010, a new law was passed in Pennsylvania that is intended to reduce the number of times that the construction industry lists a worker as an independent contractor when he or she should properly be treated as an employee.The law establishes a test to be used to determine whether someone is truly an independent contractor.  It also allows the issuance of a stop-work order that, in some instances, could shut down a job, and provides for financial and criminal penalties as a re... Read More

Recent court decisions underscore the importance of a good faith job search by someone who is receiving workers' compensation benefits after he or she has been medically cleared to return to work in any capacity.... Read More

Although the lack of Pennsylvania workers' compensation insurance can cause hardships for an employee who is injured at work, an experienced workers compensation attorney can help the worker recover through alternate remedies.... Read More

A new Commonwealth Court case reinforces the importance of a job search by an injured worker who is released to return to work.  Particularly when the employee applies for some type of retirement benefits, he or she subsequently makes a good faith attempt to look for work, the employer likely will not be responsible for paying additional wage loss benefits.... Read More

The Pennsylvania Commonwealth Court has held that a workers' compensation judge may suspend an injured worker's medical benefits if the worker, despite a court order, fails to attend a medical examination scheduled by the employer.... Read More

Under Pennsylvania law, whether the employer and the injured worker have acted in good faith is often key to the outcome of a case.... Read More

In an October 22, 2009 decision, the Pennsylvania Supreme Court has concluded that when an injured worker later moves out of state, the Workers' Compensation Act mandates that any subsequent labor market survey focus on job availability in the geographic area in which the worker was employed at the time of injury.... Read More

Although Pennsylvania workers' compensation benefits normally are payable only for injuries that occur on the employer's premises, a number of exceptions to this rule exist.  If your injury fits into one of these exceptions, you may be entitled to workers' compensation benefits.... Read More