Fighting For Injured Workers In Pennsylvania- Top Rated Work Comp Lawyer Michael W. Cardamone

Cardamone Defeats Termination Petition

2009-12-07T07:23:00.003-05:00

Michael W. Cardamone of Krasno Krasno & Onwudinjo, has just defeated the State of Pennsylvania in a case involving a claim that his client had fully recovered from his work-related neck injury.

Cardamone took the deposition of Claimant's treating physician, and presented his client for testimony, in an effort to establish that his client had not in fact recovered as the hired insurance company physician had alleged.

When you are facing a Petition to Terminate your benefits under the Pennsylvania Workers' Compensation Act, call Michael Cardamone for representation at 215-206-9068 or email him at mcardamone@krasno.com

www.MyPhillyWorkersComp.com

Experienced Philadelphia Lawyer and RSD

2009-12-04T00:03:00.003-05:00

I have significant experience handling claims for people suffering from RSD. RSD- reflex sympathetic dystrophy is a chronic and painful condition marked, in part, by burning pain, excessive sweating, swelling, and sensitivity to touch. It is also called Complex Regional Pain Syndrome.

RSD can spread to different body parts. It can last a lifetime. Some people will improve and recover but many will not.

Doctors often disagree about many facets of RSD. However, it is a real condition with debilitating effects.

When you need a lawyer with RSD experience and knowledge, call Michael Cardamone at 215.206.9068. Philadelphia, Pennsylvania

http://www.myphillyworkerscomp.com/

Cardamone Successfully Defends Termination Petition On Behalf Of Injured Worker

2009-11-17T02:31:00.002-05:00

Michael W. Cardamone, Esquire has successfully defended a Petition to Terminate benefits on behalf of his client. The insurer argued that Cardamone's client had fully recovered pursuant to an Independent Medical Examination. However, Cardamone deposed Claimant's treating physician, who opined that Claimant was not fully recovered. Cardamone also presented the testimony of Claimant. Thousands of dollars was spent in the litigation of this matter, with Cardamone prevailing. His client's benefits- including wage loss and medical, will continue.

If you need a consultation, please call PA Workmans Comp Lawyer Michael W. Cardamone at 215.206.9068 or email mcardamone@krasno.com

www.MyPhillyWorkersComp.com

Pennsylvania Supreme Court Determines That Job Availability Pursuant to a Labor Market Survey Must Be Focused on Where Injury Occurred

2009-10-30T11:08:00.003-04:00

In Riddle v. WCAB, the Supreme Court of Pennsylvania has determined that when an employer pursues a Labor Market Survey under the Pennsylvania Workers' Compensation Act, for non-residents, it "must focus its job availability analysis on the area where the injury occurred...." The Court found that the General Assembly defined the method for evaluating "earning power" in unequivocal language that identifies the area where the injury occurred as the relevant location for non-residents. 77 P.S., sec 512 (2).

The Claimant, Harry Riddle, is a West Virginia resident formerly employed as an electrician by Allegheny City Electric in Pittsburgh. He suffered a work-related injury described as right shoulder tendonitis in August 2000. The Employer, in March 2005, petitioned for a modification or suspension of his benefits based on a release to light duty work by his treating physician. The employer asserted that considering his age, skills, education, experience, and work availability in the relevant geographical area, that he had an earning power necessitating a reduction in his workers' comp indemnity.

The Labor Market Survey was completed for the Wheeling, West Virginia area where he resided at the time of the Survey- even though he was injured in Pennsylvania.

The Workers' Comp Judge granted the modification petition and reduced Riddle's benefits. On appeal to the Workers' Compensation Appeal Board, the Board affirmed the reduction of benefits.

The Commonwealth Court then held that the employer was not precluded from obtaining a modification of benefits based on job availability in West Virginia, Ohio, or Pennsylvania because Appellant had a residence in West Virginia and stayed with his father in Ohio, where he also held a driver's license.

The Supreme Court noted that 77 P.S., sec 512 (2) describes the means by which the employer could satisfy its burden of proving earning power- in that earning power is a "function of the work the employee is 'capable of performing' and job availability 'in the usual employment area'". The employer, it noted, could carry its burden of proof by introducing expert testimony as to both elements. With respect to injured employees who do not live in Pennsylvania, "the usual employment area where the injury occurred shall apply".

The employer tried to argue that the statute merely requires that the area of injury- Pittsburgh, must be used as a starting point in developing an earning power assessment. It read the statute as permitting the employer to develop an EPA for additional areas with which Appellant (Riddle) had economic and vocational ties, such as parts of West Virginia and Ohio, in order to discover his "true" earning power. The employer did not want a strict reading of the statute, obviously, and wanted to adopts its own interpretation.

The Supreme Court rejected the employer's broad interpretation, finding the phrase "shall" as mandatory in its common usage as well as legal parlance. When the words of a statute are clear and free from all ambiguity, the letter of it is not to be disregarded under the pretext of pursuing its spirit. 1 Pa.C.S., sec 1921.

Overall, I think the Supreme Court made the right decision. The words of the Act are clear.

If you have any questions as to how this case may apply to your situation, please call me directly at 215.206.9068 or email mcardamone@krasno.com

-Michael W. Cardamone- Fighting For Injured Workers In Pennsylvania

http://www.myphillyworkerscomp.com/

The Claim Petition Process in Pennsylvania Workers' Compensation Is Too Slow.

2009-10-12T10:06:00.003-04:00

Having spent over a decade litigating Pennsylvania Workers' Compensation cases, I have to say that the system is quite fair overall. Both injured workers and employers/insurers have due process- the ability to be heard, the ability to present evidence, and to receive a "reasoned" decision from a Workers' Compensation Judge.

However, when an injured worker in Pennsylvania has her claim denied at the outset- that is, within 21 days from the date of notice, (at least, theoretically, as we practictioners know that many claims are not accepted or denied within the 21 day requirement), she must file a Claim Petition- even if the denial is unfounded or simply filed to avoid payment. The case then gets set for a series of hearings, a period of six months for medical depositions, and then several months for the written arguments and a decision from the presiding WCJ. This process often takes approximately 12 months. In the meantime, the injured worker is without her wage loss and medical benefits, and forced to live on unemployment compensation, or other available benefits such as short or long- term disability. Frequently, an injured worker whose claim has been denied, has to dip into their life -long savings, just to provide food and shelter for her family. Sometimes, the injured worker has no job to return to, as employers will eliminate the position, terminate the injured worker, or fail to provide work within the doctor's restrictions.

The effects of this long process are devastating to injured workers in Pennsylvania. Credit is irreperably damaged, savings are exhausted, houses are lost, and stress levels go through the roof- exacerbating the disability, and often causing additional mental problems such as anxiety and depression.

We could speed up this process by instituting a preliminary hearing- similar to our criminal law system, whereby an injured worker in Pennsylvania would have to present a "prima facie" case- perhaps within 30 days of the initial filing, demonstrating vis- a -vis testimony and medical reports, that a work injury and a commensurate disability has occurred. If proven, two thirds of the wage loss and medical benefits would commence, plus statutory interest. If denied, then the case proceeds onto the merits with depositions and full testimony from the relevant witnesses. If the prima facie case is met, the employers would still have the right to defend the case on the merits through the usual process. If the prima facie case is met, but then reversed in the final, written decision, the employers/insurers could seek reimbursement from the Supersedeas Fund.

This is just one idea for speeding up the Claim Petition process in Pennsylvania Workers' Compensation to avoid the cascading devastation caused by the 12 month waiting period when a claim is denied at the outset.

-Michael W. Cardamone
Fighting For Injured Workers In Pennsylvania

http://www.myphillyworkerscomp.com/

If I Worked Two Jobs, Does My Workers' Compensation Rate Account for Lost Income from Both Jobs?

2009-10-06T22:57:00.003-04:00

Yes. This is called concurrent employment. Wages received from all concurrent separate employment are used to determine the Average Weekly Wage to calculate compensation payable by the liable employer. Act 12 of 1972 eliminated the requirement that the defendant-employer have knowledge of such concurrent employment prior to the incident.

Concurrent means "at the time" of the injury.

Note that the receipt of unemployment compensation benefits by virtue of a temporary layoff is not controlling as to a finding of concurrent employment. Instead, the focus is whether the employment relationship remains sufficiently intact such that the employee's past earning experience remains a valid predictor of future earnings loss.

Further, to calculate the injured workers' AWW with concurrent employment, the AWW of each position must be calculated separately and then added together.

For more information on this topic, email mcardamone@krasno.com or call Michael W. Cardamone directly at 215.206.9068.

http://www.myphillyworkerscomp.com/

Will I Have To Resign If I Settle My Pennsylvania Workers' Compensation Case?

2009-09-10T08:38:00.002-04:00

In most cases, the employers do want a formal resignation which will say something along these lines, "Employee agrees to resign and not seek employment again with employer". The Workers' Compensation Judges, however, do not have jurisdiction over this issue, so the resignation is not submitted to the WCJ. But many employers require the resignation in exchange for the lump sum settlement in the Compromise & Release.

I tend to advise my clients to sign the resignation, if they agree that working for the employer down the road is not desirable. In most cases, an injured worker has accrued some ill will towards the employer (and insurer) as a result of many factors in the workers' comp proceedings- so they are normally not reluctant to sign the resignation. Both parties tend to agree that parting ways is a healthy thing.

For more information about this topic, email me at mcardamone@krasno.com or call 215.206.9068

www.MyPhillyWorkersComp.com

Click Here For Full Study...Unfair Treatment Of Workers- Groundbreaking Study

2009-09-03T14:56:00.002-04:00

This is why I fight for injured workers in Pennsylvania every day.

Best Lawyer For Workers Compensation Case in Pennsylvania

2009-08-23T18:24:00.003-04:00

Who is the best lawyer for a PA workers comp case? The one you are most comfortable with. You should hire a lawyer who listens carefully to your facts, who treats you with respect, and who is knowledgeable about Pennsylvania workers compensation. You should not have to speak to a paralegal for 90% of your conversations. You want someone who is accessible, who returns your calls within a day, and who will fight for every penny you deserve.

Your case is important, so choose wisely.

-Michael W. Cardamone
www.MyPhillyWorkersComp.com

Can I Get Workers Comp Wage Loss Benefits If I Have Child Support Arrearages?

2009-08-04T09:38:00.002-04:00

Yes, however, the arrears must be paid off before you receive your work comp checks- or, a payment arrangement must be made with the Domestic Relations office for which an Order has been entered against you for past due amounts.

It is important to obtain a copy of the Court Order for your child support.

As part of a settlement of a Pennsylvania Work Comp case, you will need to sign an Affidavit confirming your lien status, and a lien search print out from the internet will be attached to the paper work. The Courts do, and should, take this very seriously.

For more info, call Michael W. Cardamone at 215.206.9068 or email mcardamone@krasno.com

www.MyPhillyWorkersComp.com

What Is Difference Between Workers Comp and Social Security Disability?

2009-08-04T08:51:00.005-04:00

Social Security Disability is a monthly benefit for individuals who are unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months. 42 U.S.C. 423 (d) (1) (A).

The amount depends on the money you have paid into the system. You must have been insured for 20 out of 40 quarters. (you have worked for at least 5 out of the last 10 years)

Pennsylvania Workers Comp is a benefit (reasonable, necessary and related medical bills, and 2/3 wage loss) for the inability to perform one's pre-injury job. Work Comp is paid by the employer's work comp carrier or if they are self-insured, then by the employer itself. In Social Security Disability, (paid by our Federal Gov't) the question is broader and focuses on whether a person can work at all. In Pennsylvania Workers Comp, a person can be deemed partially disabled if they have an earning power, but one that is less than pre-injury. In the Social Security Disability arena, the issue is whether the person is totally disabled from "substantial gainful activity".

Can a person who is receiving Pennsylvania workers comp benefits, still apply for Social Security Disability benefits? Yes. In some cases, however, it is wise to wait until the Pennsylvania Workers Comp case is settled or over, before applying for SSD because complex Medicare issues can arise.

Your SSD monthly amount will be reduced depending on the amount of workers comp you may be receiving.

SSI is for those who are disabled and poor- the max benefit is $637 per month. Generally speaking, if one qualifies for welfare, then one should qualify for SSI.

This is a just a very simple and broad outline of SSD and PA Work Comp. For more information about the interplay between SSD and PA Workers Comp, call Michael W. Cardamone at 215.206.9068 or email mcardamone@krasno.com

http://www.myphillyworkerscomp.com/

PA Work Comp Settlements

2009-07-15T20:49:00.007-04:00

Some recent settlements of mine:

$170,000.00 for PTSD and back injury

$125,000.00- post-concussive syndrome

$160,000.00- multiple injuries

$75,000.00- back injury

$15,000.00- back injury

$80,000.00- back injury

$75,000.00- back injury

$25,000.00- back injury

$50,000.00- shoulder injury

As you can see, settlements range in scope. The amounts depend on many factors -the most important of which is loss of earning power. Other factors include whether a petition is pending, whether objective findings support the subjective complaints, average weekly wage of the employee, whether an IRE has been performed, whether a Labor Market Survey has been completed, extent of injury, credibility of doctors involved, whether future medical treatment is needed, etc.

Note: Pain and Suffering does NOT apply in Pennsylvania Workers Comp. Fault/negligence is not an issue. Earning power is the focus.

For a free and comprehensive evaluation, call Michael W. Cardamone at 215.206.9068 or email 7 days a week at mcardamone@krasno.com

http://www.myphillyworkerscomp.com/

Fighting For Injured Workers In Pennsylvania
Michael W. Cardamone

Impairment Rating Evaluation- Pennsylvania Workers Comp

2009-07-01T07:38:00.003-04:00

What is an impairment rating evaluation, otherwise known as an IRE? It is an examination that the insurance company sets up in your PA Workmans Comp case, after you receive 2 years of checks for total disability, in which a doctor examines you and determines whether your total body impairment as it relates to your accepted work injuries, is at 50% or above. If so, you can receive checks indefinitely. If it's below 50%, then you are converted from total disability to partial and can only receive a maximum of 9.5 years worth of wage loss checks. It does not change the amount of the checks, but it puts a ceiling on how long you can receive them- limiting the exposure of the insurance company. In the vast majority of cases, the impairment rating is well below 50%.

For a free and prompt analysis of your PA workmans comp case, call PA Super Lawyer- Rising Star- Michael W. Cardamone at 215.206.9068 or email mcardamone@krasno.com

http://www.myphillyworkerscomp.com

Fighting For Injured Workers In Pennsylvania
Honesty Excellence Justice

Helpful Reminders for Getting Medical Bills Paid Under the Pennsylvania Workers' Compensation Act

2009-06-08T17:55:00.004-04:00

It is very important that all treatment gets billed on the proper forms, within 30 days, and with the corresponding medical reports. Any failure to meet the billing requirements under the Work Comp Act will be used as a way for the insurer to wiggle out of payment.

As a reminder, please note that requests for payment of medical bills shall be made on the HCFA Form 1500 or the UB92 Form, or any successor forms for submission of Medicare claims. Also, providers who treat injured employees are required to submit periodic medical reports, commencing 10 days after treatment begins and at least once a month thereafter as long as treatment continues. If treatment is not on a proper form, or if the reports aren't sent, the insurer is not obligated to pay for the treatment until same is received by the insurer. Payments for treatment rendered under the Act shall be made within 30 days of receipt of the bill and report submitted by the provider.

In addition, a provider who has submitted the required bills and reports to an insurer and who disputes the amount or timeliness of the payment made by an insurer, shall have standing to seek review of the fee (Fee Review) by the Bureau. Providers seeking review shall file the original and one copy of a form prescribed by the Bureau as an application for Fee Review, and shall be filed no more than 30 days following notification of a disputed treatment or 90 days following the original billing date of the treatment- whichever is later. A copy of the application and the attached documents, shall be served upon the insurer, with a proof of service. For more information on Fee Review, see the cost containment regs at Sections 127.251 and continuing.

If you need help in getting medical treatment paid for in a Pennsylvania Workers' Compensation case, please feel free to contact Michael W. Cardamone at 215.206.9068 or via email at mcardamone@krasno.com

Michael W. Cardamone- Fighting For Injured Workers In Pennsylvania.
http://www.MyPhillyWorkersComp.com

Cardamone Enrolled Into First Judicial District 2008 Pro Bono Roll of Honor For "Exemplary" Pro Bono Work

2009-05-22T12:34:00.003-04:00

Michael W. Cardamone, Esquire, of Krasno Krasno & Onwudinjo, a leading Pennsylvania workers' compensation firm, has been enrolled in the First Judicial District 2008 Pro Bono Roll of Honor as an attorney whose pro bono work has been recognized by the judiciary as exemplary.

Cardamone assisted a low income Philadelphia resident in an effort to obtain title to a property that the resident rehabbed.

www.MyPhillyWorkersComp.com

Can I File for Workmans Comp If I Lose My Job or get Terminated?

2009-05-18T20:23:00.004-04:00

Yes.

If you have sustained a work injury, you can file a claim within 3 years of the date of injury or the date on which you believed your condition might be work related. Will your case be stronger if it's filed before a termination? Yes. But does a termination prevent you from filing? No.

For a more detailed explanation, call PA Work Comp Lawyer Michael W. Cardamone at

215.206.9068 or email

mcardamone@krasno.com

Michael W. Cardamone
Voted PA Super Lawyer in the area of Workers' Compensation

http://www.MyPhillyWorkersComp.com

I Have Spent Money on Co- Pays for my PA work injury, can I get that money back?

2009-05-18T20:19:00.001-04:00

Yes. Make sure you have adequate proof of payment (ie, receipt, or print out from pharmacy).

For a complete list of reimbursable items under the Pennsylvania Workers Comp Act, call experienced and successful PA workmans comp lawyer Michael W. Cardamone at

215.206.9068 or email

mcardamone@krasno.com for a free consult.

Michael W. Cardamone
Voted PA Super Lawyer
www.workerscomppa.com

Can I Get Reimbursed For Miles Traveled to an IME?

2009-05-18T20:17:00.003-04:00

Yes.

Or, alternatively, you can ask that the insurer provide transportation to and from the IME.

If you receive a notice for an Independent Medical Exam, be sure to call an experienced workmans comp lawyer like Michael W. Cardamone for guidance concerning this type of examination.

Free Consults 7 days a week
215.206.9068

or feel free to email at mcardamone@krasno.com

www.workerscomppa.com

Areas of Service

2009-05-18T20:14:00.009-04:00

This is just a broad sample of the areas in which I help injured workers in Pennsylvania:

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Call Michael W. Cardamone- Voted PA Super Lawyer

215.206.9068
mcardamone@krasno.com

Free consults 7 days a week

http://www.workerscomppa.com/

Utilization Review PA Work Comp

2009-05-17T16:55:00.003-04:00

A Utilization Review is a request to determine whether certain medical treatment is reasonable and necessary. The burden of proving treatment is unreasonable and unnecessary is on the insurer- at all stages of the process.

If you have treatment that is being challenged, call me and I will explain the process in further detail. I will file the appropriate petition for you if the challenged treatment is determined to be unreasonable or unnecessary.

Call PA Workmens Comp Lawyer Michael W. Cardamone for a free consult 7 days a week.

Voted Pennsylvania Super Lawyer- Rising Star.

215.206.9068
mcardamone@krasno.com

http://www.pa-injuredworker.com

Cash Settlements PA Workmens Comp

2009-05-13T20:37:00.003-04:00

Are you entitled to a cash settlement for your PA workmens comp case? Absolutely. But only if the insurer/employer is ready to negotiate with you. You cannot settle a case on your own, of course. Sometimes the employers/insurers in Pennsylvania workers comp cases would rather pay you your weekly or bi weekly checks, instead of a lump sum payment.

Make sure you have an experienced PA Workmens comp lawyer assisting you in your negotiations. There are many pitfalls to doing it on your own.

Always feel free to call me for a free, prompt, and comprehensive consult, 7 days a week at 215.206.9068 or email me at mcardamone@krasno.com

Michael W. Cardamone
Voted PA Super Lawyer- Rising Star as seen in Philly Magazine.

Fighting For Injured Workers In Pennsylvania

www.pa-injuredworker.com

What Is A Labor Market Survey in PA Workmans Comp?

2009-05-03T19:05:00.003-04:00

A Labor Market Survey in Pennsylvania is an attempt by the employer/insurer to reduce their exposure (ie, what they pay you) in your case by alleging that although you cannot perform your pre-injury job, you can perform other available work within the economy in your geographical location that fits within your physical and vocational abilities.

It starts with an interview by a "vocational expert", then leads to some reports being generated, followed by a Petition to Modify or Suspend your wage loss benefits.

You absolutely need an experienced workmens comp lawyer like myself throughout this process, unless you are interested in being victimized by their experts (medical and vocational) who will undoubtedly assert that you can do more than you really are able to handle.

For a free analysis of your case, call experienced PA Workmans Comp Attorney Michael W. Cardamone at 215.206.9068 or email at mcardamone@krasno.com

-Michael W. Cardamone
Fighting For Injured Workers In Pennsylvania
-Voted PA Super Lawyer- Rising Star

http://www.pa-injuredworker.com/

215.206.9068

Cardamone Wins Oral Argument For Injured Worker

2009-04-14T15:54:00.005-04:00

Michael W. Cardamone, Esq, of Krasno Krasno & Onwudinjo, a leading Pennsylvania Workers' Compensation law firm, successfully fended off a Motion to Dismiss filed by Employer's counsel. The Motion arose from the following sequence of events: The parties entered into a Stipulation in December 2008 wherein they agreed that Claimant injured his shoulder at work, for which benefits would be payable. The parties agreed on a diagnosis for the injury- supraspinatus tendonapathy. Subsequently, Claimant filed a Petition to Review seeking to expand the definition of the work injury, to include RSD, cervical radiculopathy, and a rotator cuff tear. The Employer/Insurer objected, asserting that Claimant should be precluded from asserting new injuries because it had evidence at the time of the Stipulation in December that Claimant's work injury included some of those diagnoses.

Cardamone argued that said objection should be overruled for several reasons: 1) There is no evidence that Claimant's counsel had medical records in his possession listing the diagnoses, at the time the Stipulation was entered into; 2) Based on the recent Weney case, the Motion is misplaced because any records in Claimant's counsel's posession at the time of the Stipulation, merely stated that the diagnoses were "possibly" related to the work injury; 3) Requiring Claimant's counsel to pursue injuries that are "possibly" related (ie, equivocal) places an absurd burden on all attorneys representing injured workers.

The Workers' Compensation Judge agreed with Cardamone and overruled Employer's/Insurer's objection to the Petition for Review.

-Michael W. Cardamone
Voted PA Super Lawyer
215.206.9068
mcardamone@krasno.com

http://www.pa-injuredworker.com/

Free consults 7 days a week

Can I Get Workmans Comp If I am Laid Off?

2009-04-02T22:11:00.005-04:00

Sometimes. Call me and I will explain the situations for which you may be entitled to workmans compensation. One potential scenario is when you are working with medical restrictions at the time of the lay off.

Attorney Michael W. Cardamone 215-206-9068
http://www.pa-workinjury.com/

Voted PA Super Lawyer in Workers' Compensation

Fighting For Injured Workers In Pennsylvania
mcardamone@krasno.com

Free consults 7 days a week

Who Gets Injured In Pennsylvania?

2009-03-13T20:36:00.005-04:00

All types of employees. My clients include truck drivers, certified nursing assistants, nurses, office workers, assembly line workers, cashiers, laborers, pharmacists, sanitation workers, state correctional officers, security guards, store managers.

If you or someone you know was injured at work in Pennsylvania, feel free to contact Michael W. Cardamone at 215.206.9068 or email at mcardamone@krasno.com for a free and comprehensive case evaluation.

A Denial of your workmans comp claim does not mean the case ends there. It just means we need to file a petition and prove our case before a Work Comp Judge- and I will maximize your chances at success.

Michael W. Cardamone - Fighting For Injured Workers In Pennsylvania
PA Super Lawyer

215.206.9068
mcardamone@krasno.com
Free Consults 7 days a week
http://www.pa-injuredworker.com/