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The attorneys of Liever Hyman Potter

AUTO ACCIDENT ATTORNEYS, PERSONAL INJURY & MALPRACTICE LAWYERS

Since our founding in 1959, we have won thousands of awards and settlements for victims and their families, including million-$ and multi-million-$ settlements.

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Our litigation team obtained a settlement with
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aged woman who was diagnosed with a brain
arteriovenous malformation.   read more

A $1,280,000 settlement has been reached in
favor of a retired man seriously injured in an
auto accident at a city intersection.   read more

The insurer for the driver of a truck that swerved to
avoid rear-ending a school bus and collided with
another vehicle has paid 1.2 million for the serious
injuries suffered by the other driver.   read more

A daycare center accident that blinded one eye
of a 22-month old child and that “could have and
should have been prevented,” has been settled...
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A woman who was seriously injured when her
vehicle was struck by a drunken driver has won
a settlement of 2.5 million.   read more

Auto/Truck/Motorcycle Accidents; Personal Injury; Medical Malpractice; Nursing Home Abuse & Neglect; Workers' Compensation; Products Liability
Medical Malpractice; Nursing Home Abuse & Neglect; Auto/Truck/Motorcycle Accidents; Personal Injury; Workers' Compensation; Products Liability
Auto/Truck/Motorcycle Accidents; Personal Injury; Medical Malpractice; Nursing Home Abuse & Neglect; Workers' Compensation; Products Liability
Workers' Compensation; Auto/Truck/Motorcycle Accidents; Personal Injury; Medical Malpractice; Nursing Home Abuse & Neglect; Products Liability
Workers' Compensation; Auto/Truck/Motorcycle Accidents; Personal Injury; Medical Malpractice; Nursing Home Abuse & Neglect; Products Liability
Auto/Truck/Motorcycle Accidents; Personal Injury; Medical Malpractice; Nursing Home Abuse & Neglect; Workers' Compensation; Products Liability
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    When seeking to suspend a Claimant’s PA work comp benefits…

    June 29, 2011 by admin

    From the Desk of Adam K. Levin, Esq. (PA workers’ comp attorney)

    When seeking to suspend a Claimant’s PA work comp benefits, an employer is not entitled to rely on the employee’s failure to seek work to prove a voluntary retirement from the workforce unless the employer proves thatthe injured worker voluntarily retired.

    Keene v. W.C.A.B. (Ogden Corp.), 2011 Pa. Commw. LEXIS 233

    The Pennsylvania Commonwealth Court ruled that the PA Workers’ Compensation Appeal Board (WCAB) erred in concluding that a claimant’s failure to look for work during a two-year period establishes claimant voluntarily removed herself from the workforce.  The Commonwealth Court further ruled that an injured worker has no duty to show she sought work until the employer meets the initial burden to a voluntary retirement.

    In the Keene case, while operating an airport passenger shuttle, the employee slipped on the shuttle step and injured her knee. She underwent surgery, reached maximum medical improvement, and was able to perform only full-time sedentary work. Despite engaging in a job search for suitable work and applying for multiple positions, the employee was not hired. Thereafter, the employer filed its suspension petition, alleging that the employee had voluntarily removed herself from the work force. The Workers’ Compensation Judge (WCJ) accepted the employee’s testimony that she had been actively seeking employment, and the WCJ determined that she had not voluntarily removed herself from the work force. Accordingly, the suspension petition was denied. However, the WCAB reversed that decision on appeal based on the employee’s testimony that she had not applied for work for two years because it was very depressing. On appeal, the Commonwealth Court disagreed with the WCAB. It found that the employer did not meet its initial burden of proving that the employee had voluntarily retired for purposes of the PA Work Comp Act.  She had testified that she did not accept a retirement pension and did not refuse suitable work. Accordingly, suspension was not warranted

    The workers’ comp  attorneys at Liever, Hyman & Potter, P.C., handle cases just like this as a regular part of our practice in Berks County and Schuylkill County, PA.


    SERVING VICTIMS OF:
    MOTOR VEHICLE INJURY
    CAR ACCIDENTS
    TRUCK ACCIDENTS
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    WORKERS' COMPENSATION
    OCCUPATIONAL DISEASE
    UNSAFE PRODUCTS/CONDITIONS
    WORK INJURIES
    WRONGFUL DEATH
    INADEQUATE WORKERS COMP.
    MEDICAL MALPRACTICE
    DOCTOR/HOSPITAL ERRORS
    SURGERY ERRORS
    OPERATING ROOM MISTAKES
    PREGNANCY & BIRTH INJURIES
    MISDIAGNOSIS
    FAILURE TO DIAGNOSE
    PRESCRIPTION ERRORS
    FAILURE TO DIAGNOSE CANCER
    NURSING HOME NEGLECT
    NURSING HOME ABUSE
    BED SORES