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    PA Workers’ Compensation

    Navigating Workers’ Compensation In York, PA: When To Seek Legal Help

    posted in |PA Workers’ Compensation

    by Michael Cardamone | December 20, 2023

    Disclaimer: This article serves as a brief general guide for injured workers in York, PA, as well as other Pennsylvania counties. This is general information only and does not represent legal advice that may apply in specific workers’ compensation cases. Injured workers are strongly encouraged to discuss questions and concerns regarding Pennsylvania workers’ compensation law […]

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    How Does Utilization Review Work In A Pennsylvania Workers’ Compensation Case?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | November 10, 2023

    UTILIZATION REVIEW: A METHOD THAT WORKERS’ COMPENSATION INSURANCE COMPANIES USE TO AVOID PAYING BENEFITS You learn that your medical treatment is under utilization review. What exactly does that mean? Should you be concerned? Pennsylvania workers’ compensation insurance companies hire adjusters to save the company money—not to help the injured workers. Insurance companies will do whatever […]

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    Can I Have a Workers’ Compensation Case and a Personal Injury Case from the Same Accident?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | October 23, 2023

    Generally speaking, an injured worker who receives workers’ compensation benefits in Pennsylvania cannot sue his or her employer for causing a workplace accident. However, there are situations where an injured worker may file a personal injury lawsuit and seek compensation from another party responsible for the accident that caused the injury. These are known as […]

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    How Do Workers’ Compensation Judges Decide Cases?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | September 15, 2023

    After an employee suffers a work-related injury in Pennsylvania, if the employer does not voluntarily accept the injury and files appropriate documents with the Bureau of Workers’ Compensation, the usual next step is for the injured worker to retain an attorney who files a Claim Petition with the Bureau. The Bureau then assigns the case […]

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    Supersedeas On Appeal To The Workers’ Compensation Appeal Board

    posted in |PA Workers’ Compensation

    by Michael Cardamone | August 22, 2023

    In cases where we win a decision on behalf of an injured worker, the employer/insurer often files an appeal to the Workers’ Compensation Appeal Board. That appeal is due 20 days from the date of the decision from the Workers’ Compensation Judge. The insurer’s attorney will often request Supersedeas or an Order that states that […]

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    Overview of Pennsylvania Workers’ Compensation Law

    posted in |PA Workers’ Compensation

    by Michael Cardamone | August 19, 2023

    When an employee suffers a work-related injury and is unable to work, they should start to receive workers’ compensation benefits immediately. But it doesn’t always happen. While the PA Workers’ Compensation Act is a strong and comprehensive law that defends injured workers, its full and true implementation requires intelligent legal sense and representation. And that […]

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    What Is A Continuance In A Pennsylvania Workers’ Compensation Case? How Does It Work?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | August 9, 2023

    The Pennsylvania Workers’ Compensation Act and its Regulations discourage repeated continuances or postponements of hearings. Experienced workers’ compensation attorneys should be retained by clients to file claim petitions for workers’ compensation benefits in Pennsylvania. Pennsylvania Workers’ Compensation laws and procedural requirements can be complex and demanding and require both experience and skill. An experienced workers’ […]

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    Why Employees Must Promptly Notify Employers Of Any Work Injuries

    posted in |PA Workers’ Compensation

    by Michael Cardamone | July 18, 2023

    Some clients are reluctant to notify their employers that they have suffered a work-related injury. They may assume that they will soon recover or that their employer may be angry with them if they claim that they were injured at work. However, the Pennsylvania Workers’ Compensation Act requires that an employee satisfy all the requirements […]

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    Why Injured Workers Must Be Concerned About Supersedeas

    posted in |PA Workers’ Compensation

    by Michael Cardamone | June 6, 2023

    If you think your work injury case is concluded because you have started to receive your benefits checks regularly, think again. Your employer’s insurer is trying to save as much money as possible. To that end, they may decide to invoke supersedeas and petition you to appear for an independent medical exam. What can you […]

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    How Is My Pennsylvania Workers’ Compensation Rate Determined?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | May 15, 2023

    One of the most common questions that our clients often ask us is: As an injured worker, how much money should I get from my employer’s workers’ compensation insurance carrier if I am not able to work? Unfortunately, the amount that you should be entitled to, is frequently not what the insurance company is willing […]

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    What’s A Work Injury Under The Pennsylvania Workers’ Compensation Act?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | April 20, 2023

    When most of us think about “work injuries”, we think about accidents that happen while at the workplace. However, in 1972, the Pennsylvania Workers’ Compensation Act eliminated the requirement of an accident and instead substituted the term injury. The Broad Definition of “Injury” The term “injury” has been broadly interpreted to include any injury to […]

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    My Boston Marathon Story

    posted in |PA Workers’ Compensation

    by Michael Cardamone | April 13, 2023

    As the Boston Marathon approaches here in mid-April, it selfishly stirs up some incredible feelings. It was the Spring of 1994 at Boston College, as a sophomore, when the legions of runners ran through campus, on Commonwealth Avenue. They had just finished “Heartbreak Hill” — a series of rolling hills that mentally and physically break […]

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    Pennsylvania Workers’ Compensation and Medical Marijuana Info

    posted in |PA Workers’ Compensation

    by Michael Cardamone | March 21, 2023

    In a landmark Opinion rendered on March 17, 2023, the Commonwealth Court of Pennsylvania, in T.L. Fegley vs. WCAB, held that a claimant can seek reimbursement for out-of-pocket expenses relating to medical marijuana that were reasonable, necessary, and related to the work injury. The Case: Reimbursement for Medical Marijuana Expenses for Work Injuries The claimant […]

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    Pennsylvania Workers’ Compensation Penalty Petitions – All Bark and No Bite?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | March 20, 2023

    A Pennsylvania Workers’ Compensation Judge has the discretion to award penalties for violations of the Pennsylvania Workers’ Compensation Act. The WCJ can award up to 50% of the amount at issue. And, they are not required to order any penalty to be paid. Penalty Petitions: easy to file, tough to Implement Penalty Petitions, admittedly, are […]

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    How Long Will A Pennsylvania Workers’ Compensation Case Last?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | February 21, 2023

    This sounds like a typical lawyer answer, but it depends! Each case is different. Some cases are smaller, with a limited window of wage loss at issue- and these tend to resolve quicker. On the other hand, with serious injuries that involve years of treatment, the settlements can take years from the date of injury. […]

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    Best Workers’ Compensation Law Blog

    posted in |PA Workers’ Compensation

    by Michael Cardamone | February 9, 2023

    We are honored to be ranked Number 11 in the entire nation by Feedspot in the Top 25 Workers’ Compensation Law Blog rankings. Our Pennsylvania Workers’ Compensation Law Blog has nearly 40,000 views and contains educational information about Pennsylvania Workers’ Compensation Law and firm news. If you have suggestions for articles or thinks you want […]

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    All You Need to Know About Lawyers Fees In A Pennsylvania Workers’ Compensation Case

    posted in |PA Workers’ Compensation

    by Michael Cardamone | February 8, 2023

    Legal fees are one of the top reasons most injured workers feel hesitant about approaching Pennsylvania work comp lawyers. Most assume — incorrectly — that lawyers’ fees will be an added expense to injured workers who are already struggling with an uncertain financial future. Many also wonder if it’s really a good idea to hire […]

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    How Do Pennsylvania Workers’ Compensation Judges Make A Decision

    posted in |PA Workers’ Compensation

    by Michael Cardamone | January 5, 2023

    During a work injury case, the ideal conclusion is to reach a settlement or a compromise that mutually benefits both parties. Nobody wants the case to drag on in court. The injured employee wants quick recovery with reasonable benefits while employers want it settled because haggling over what an injured worker should get is not […]

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    General Tips For Maximizing A Pennsylvania Workers’ Compensation Case

    posted in |PA Workers’ Compensation

    by Michael Cardamone | November 17, 2022

    The PA Workers’ Compensation Board receives thousands of injury claims every year. To ensure each case is determined on its merit and all injured workers are given their due compensation, the board and the system work diligently. Yet, there are things that may slip through the holes and some gaps may remain in the justice […]

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    7 Important Things You Need to Know About the Pennsylvania Workers’ Compensation Act

    posted in |PA Workers’ Compensation

    by Michael Cardamone | May 12, 2022

    Under the Pennsylvania Workers’ Compensation Act, if your work causes you any injury or illness, you are entitled to receive payment for your medical expenses and lost wages. In case the injury or illness is fatal, your dependents receive the death benefits. But things aren’t this simple. Image Source: unsplash/Ümit Y?ld?r?m Sometimes, employers and their […]

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    What does “Course of Employment” mean in Pennsylvania Workers’ Compensation?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | April 8, 2022

    Our courts in Pennsylvania have held that an injury must be “in the course of” employment. An employee hurts their back lifting a heavy box at work – this is clearly in the course of employment. A nurse hurts her shoulder when a patient falls off balance – this is clearly in the course of […]

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    Cardamone Law Defeats Area Hospital in Workers’ Compensation Case

    posted in |PA Workers’ Compensation

    by Michael Cardamone | April 6, 2022

    After a year of litigation before a Work Comp Judge in Malvern, PA, our firm secured a victory for our client- a hardworking nurse who is an immigrant, who injured her shoulder and foot at work. She continued to work with restrictions but the Employer/Insurer claimed she was “fully recovered” after seeing their handpicked IME […]

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    Best Workers’ Compensation Podcast

    posted in |PA Workers’ Compensation

    by Michael Cardamone | April 1, 2022

    Cardamone Law University, our firm’s podcast for injured workers, is currently ranked 5th in the nation by FeedSpot! We aim to put out regular content, that’s easy to understand, and that’s not too long-winded. We realize many people don’t have 60 minutes to listen to a lawyer speak. So we produce short pieces on specific […]

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    A Guide To Workers’ Compensation For Nurses and Healthcare Workers

    posted in |PA Workers’ Compensation

    by Michael Cardamone | March 26, 2022

    We all rely on healthcare workers to help us and care for us when we fall ill or get injured. But many of us don’t realize that these same workers go to their jobs every day, risking their own lives and wellbeing, to care for their patients. According to the United States Department of Labor, […]

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    How Long Can I Be On Workers’ Compensation Benefits In Pennsylvania?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | March 24, 2022

    Theoretically, forever. However, this is rare. Let’s review the two types of situations with respect to wage loss benefits. One is called TTD- Temporary Total Disability. This is when you are out of work, receiving a full work comp check due to no earnings as a result of the work injury. This can last a […]

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    If I’m In A Car Accident On My Way To Work – Is That A Workers’ Compensation Case In PA?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | March 24, 2022

    It depends. Commuting is generally not in the course and scope of employment and therefore isn’t considered a work injury if you’re injured while commuting. But if you are a traveling employee, it may be a work-related injury. A Philadelphia car accident attorney will be able to guide you for your exact case. However, below […]

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    Pennsylvania Workers’ Compensation Assignment of Petition to Workers’ Compensation Judge

    posted in |PA Workers’ Compensation

    by Michael Cardamone | March 15, 2022

    If you’re an injured worker, and you receive a document in the mail called Assignment of Petition to a Workers’ Compensation Judge, then that means either your attorney, yourself, or the employer’s attorney, filed a petition in your case. The most common petitions are: Claim Petition, Penalty Petition, Review Petition, and Termination, Suspension, or Modification […]

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    How To Choose The Best Workers Comp Lawyer in Pennsylvania

    posted in |PA Workers’ Compensation

    by Michael Cardamone | March 12, 2022

    If you get injured at work and have no lawyers within your family or friends, where do you go? Chances are, you’d search online, ask for referrals from friends and family, or have TV ads direct you to a competent attorney. Thanks to slick advertisement, though, separating qualified and specialized lawyers from the rest can […]

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    Cardamone Law Defeats Large Pennsylvania Hospital

    posted in |PA Workers’ Compensation

    by Michael Cardamone | March 10, 2022

    Following a work injury, and according to workers’ compensation case laws, after you deem able to work again, your employer can ask you to return to work. The new work offered could be lighter than you used to handle, with reduced hours, too. These modified work responsibilities intend to reacclimatize you to the work environment […]

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    Some Quick Q&A to Simplify Pennsylvania Workers Compensation for Injured Workers

    posted in |PA Workers’ Compensation

    by Michael Cardamone | March 3, 2022

    Every year, workplace injuries and fatalities cost the American economy $51.8 billion and $103.7 billion in direct and indirect costs, respectively. While the number of occupational injuries and illnesses have gone down in last couple of years, mostly due to the pandemic and worldwide lockdowns, things could be better. Image Source: Unsplash/Towfiqu barbhuiya First, better […]

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    Cardamone Law Supports International Spring Festival at North Penn High School

    posted in |PA Workers’ Compensation

    by Michael Cardamone | March 3, 2022

    The state of Pennsylvania will be celebrating its 31st International Spring Festival at North Penn High School, Lansdale, PA. This festival celebrates the diversity in the local community. Everyone comes together to have an entire day of fun, games, food, music, commerce, and a whole lot more. This year, Cardamone Law – your friendly neighborhood […]

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    Cardamone Law Sponsors North Penn High School Baseball Team – Go Knights!

    posted in |PA Workers’ Compensation

    by Michael Cardamone | March 3, 2022

    The baseball season is in full swing in Lansdale, PA, and Cardamone Law is proud to be a part of the cheering squad for the North Penn Knights. As one of its official sponsors, we cannot wait to see what the team does and how soundly we beat the competition. If the season opener is […]

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    Cardamone Law Adds Attorney Paul Silver to the Firm!

    posted in |PA Workers’ Compensation

    by Michael Cardamone | March 3, 2022

    Your favorite workers’ compensation law firm – Cardamone Law – is expanding and growing. Thanks to the mounting trust our community keeps putting in us, we are becoming ever stronger to defend you and your people in case of any injury suffered at work. To bolster our ranks, Paul Silver, a veteran PA workers’ compensation […]

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    Pennsylvania Supreme Court Defines Standard for Injured Traveling Employees In Allentown, Pennsylvania

    posted in |PA Workers’ Compensation

    by Michael Cardamone | November 18, 2021

    In a unanimous Decision, the Supreme Court of Pennsylvania, in an Opinion written by Justice Munday, dated November 17, 2021, Jonathan Peters v. WCAB (Cintas Corp.) defined the standard for injured traveling employees (an employee with no fixed place of work) under the Pennsylvania Worker’s Compensation Act. They noted that courts have consistently held and […]

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    A General Guide on Notice of Ability to Return to Work in a PA Work Comp Case

    posted in |PA Workers’ Compensation

    by Michael Cardamone | August 10, 2021

    I get many phone calls from clients and prospective clients about the peculiar document, called a Notice of Ability To Return To Work. This is a form, LIBC 757, sent to an injured worker pursuant to Section 306(b) (3) of the Pennsylvania Workers’ Compensation Act. What does it mean when you receive this notice? Is […]

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    What Does Supersedeas Mean in Pennsylvania Workers’ Compensation?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | April 14, 2021

    Supersedeas is a request by the employer/insurance company to cut off/supersede or reduce your indemnity (wage loss) benefits. You will often see a Supersedeas request when a Termination/Modification/Suspension Petition is filed against you. These are the three main petitions an employer/insurer can file to threaten your Pennsylvania Workers’ Compensation benefits. The employer/insurer’s attorney will most […]

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    Termination Petition in Pennsylvania Workers’ Compensation

    posted in |PA Workers’ Compensation

    by Michael Cardamone | February 12, 2020

    I received a Petition to Terminate my benefits for my Pennsylvania Work Comp case, what do I do? If you aren’t represented by a lawyer yet, please call us 7 days a week at (215) 206-9068. The insurer is alleging that you are fully recovered from the accepted work injury. What does accepted mean? Well, […]

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    Information About Pennsylvania Workers’ Compensation Hearings

    posted in |PA Workers’ Compensation

    by Michael Cardamone | February 12, 2020

    If you are an injured worker and you receive a hearing notice, you want to speak to your PA Work Comp Lawyer as soon as possible. If you don’t have one, call PA workers’ compensation attorneys at (215) 206-9068. There are some Judges who want the injured worker present at all hearings, and other Judges […]

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    Pennsylvania Work Comp Independent Medical Exam Information

    posted in |PA Workers’ Compensation

    by Michael Cardamone | February 12, 2020

    If you receive a notice scheduling you for an Independent Medical Exam, you should speak to your Philly workers’ compensation attorney about whether you need to attend. The general rule is the insurer can schedule one every 6 months or so. There are some exceptions where more than one can be scheduled in a 6 […]

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    Pennsylvania Workers’ Compensation Request for Supersedeas

    posted in |PA Workers’ Compensation

    by Michael Cardamone | February 12, 2020

    What does a request for Supersedeas mean in a Pennsylvania Work Comp case? It means the insurer/employer is requesting to reduce or eliminate your wage loss checks based on evidence of an earning power- usually after an Independent Medical Exam is performed. You will see this request on a Petition to Terminate (alleging a recovery), […]

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    Pennsylvania Work Comp Notice of Ability to Return to Work – A Brief Guide

    posted in |PA Workers’ Compensation

    by Michael Cardamone | February 12, 2020

    Injured workers in Pennsylvania are often sent a Notice of Ability to Return to Work in a workers’ compensation case. What does this mean? Is it a job offer? Do you have to return to work immediately if you have received a Notice of Ability to Return to Work? We have covered all that and […]

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    FAQ Post: Do I have to return to work if I get a Notice of Ability to Return to Work in a PA Work Comp Case?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | January 16, 2020

    At least once a week, I get a call from a client asking me what this document means. The document I am referring to is called “Notice of Ability To Return To Work” in a workers compensation case. This is a form sent to an injured worker in Pennsylvania, required by Section 306 (b) (3) […]

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    PA Workers’ Compensation Law – Information and Myths

    posted in |PA Workers’ Compensation

    by Michael Cardamone | July 18, 2018

    Pennsylvania workers’ compensation law is an intricate subject. While it offers several perks for injured workers, there are also some confusions or myths surrounding the topics. There are so many myths about Pennsylvania Workers’ Compensation Law, it is hard to cover in an article. But we have covered a few PA work comp laws myths […]

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    How Long Will My Pennsylvania Work Comp Case Take?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | July 5, 2018

    Want to hear a lawyerly answer? It depends! It’s true. Litigation can vary. If a petition is filed, and isn’t settled, the usual time frame for litigation is about 10 to 12 months.  Why is it this long? Under the Rules, each party will have approximately 90 days for presentation of their evidence.  That’s 6 […]

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    Lancaster, Pennsylvania Work Comp Lawyers

    posted in |PA Workers’ Compensation

    by Michael Cardamone | June 28, 2018

    Were you injured in Lancaster County and need a Certified, Experienced PA Work Comp Lawyer? Call Cardamone Law 7 days a week – 215 206 9068 Attorneys Cardamone and Silver work on every case together- over 60 Years of Combined Work Comp Experience- to maximize every Lancaster Work Comp case! We’ve helped hundreds of injured […]

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    Scranton Wilkes- Barre Work Comp Lawyers

    posted in |PA Workers’ Compensation

    by Michael Cardamone | June 27, 2018

    Injured working in a factory or warehouse in Scranton or Wilkes Barre, PA? Call the firm in Pennsylvania that ONLY handles work comp cases for injured workers- Cardamone Law! Comp? Cardamone! The Scranton Wilkes Barre area is known for its scrappy, hard working people.  Former Vice President Joe Biden is from Scranton. It’s the 6th […]

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    Workers’ Comp Lawyer Michael Cardamone Interviewed Regarding House Bill 1840

    posted in |PA Workers’ Compensation

    by Michael Cardamone | June 26, 2018

    Michael W. Cardamone, owner of Cardamone Law, LLC, a well known PA Work Comp Law Firm for Injured Workers, was interviewed this week by Business Insurance Dot Com regarding Pennsylvania House Bill 1840.  The Bill seeks to reinstitute Impairment Rating Evaluations under the Pennsylvania Work Comp Act, after the Pennsylvania Supreme Court struck down the […]

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    Pottsville Work Comp Lawyer

    posted in |PA Workers’ Compensation

    by Michael Cardamone | June 26, 2018

    Are you an injured worker in the Pottsville, Pennsylvania area? We are here to help. We’ve handled cases in Pottsville for years. Attorney Cardamone and Silver have tried workers’ compensation cases in Eastern and Central PA for decades. Pottsville, PA is well known for having hard working people and families. Whether it’s working in a […]

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    How Do You Win A Pennsylvania Workers’ Compensation Case?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | October 3, 2016

    The key for injured workers is having a Certified Pennsylvania Work Comp Lawyer Specialist– an attorney who only handles workers’ compensation cases and only for injured workers. Pennsylvania Work Comp Law is complicated and having a specialist is critical. On a more micro- level, the key element is presenting credible lay and medical evidence. Lay […]

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    If I Get Work Comp Benefits in Pennsylvania, How Long Do They Last?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | March 24, 2016

    Theoretically, the wage loss and medical benefits can last a lifetime. However, this is exceedingly rare. Why is it rare? There are many reasons. First, some people will recover from their injuries. Also, many injured workers will settle their case for a lump sum rather than taking a risk in court in terms of having […]

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    What Happens At Pennsylvania Workers’ Compensation Hearings?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | March 24, 2016

    Sounds like a typical lawyer answer, but it’s true- the answer is that it depends. Some hearings are for a brief discussion between the attorneys and the Work Comp Judge, called a “Pre -Trial” where no testimony is taken. Other hearings involve presenting evidence such as deposition transcripts and updating the Work Comp Judge as […]

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    PA Workers’ Compensation- Top 5 Myths

    posted in |PA Workers’ Compensation

    by Michael Cardamone | November 15, 2015

    There are many myths about Pennsylvania Workers’ Compensation issues. I hear them every day. I wanted to share my thoughts about these to help set the record straight from my 16 years of experience. 1.   Myth:  My Neighbor Got $100,000 for His Settlement, So I Should Too Fact:  No two cases are identical. There are […]

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    The IME Doctor Claims I Am Recovered But I Am Not- What Should I Do?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | October 30, 2015

    The IME Doctor says I am fine but I don’t feel recovered to get back to work. What are my options? This scenario happens frequently in Pennsylvania Workers’ Compensation cases. Why? Well, the insurer/employer is permitted an “Independent Medical Exam” every 6 months and they often send you to doctors who will have a propensity […]

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    A Brief Guide To Pennsylvania Workers’ Compensation Vocational Assessment

    posted in |PA Workers’ Compensation

    by Michael Cardamone | October 16, 2015

    If you’re an injured worker who receives Pennsylvania Workers’ Comp benefits, at some point, the insurer may request a “vocational interview”. This begins the workers comp vocational assessment process whereby the insurer tries to establish an earning power. They must first confirm that the pre- injury employer cannot accommodate your restrictions, before undertaking the vocational […]

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    Case Law Update: Can An Injured Worker Be Compensated For Ayurvedic Medical Treatment When Not Prescribed By A Licensed Pennsylvania Health Care Practitioner?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | September 24, 2014

    No. The Commonwealth Court of Pennsylvania, in a recent Opinion, (Babu v. Workers’ Compensation Appeal Board) has ruled that an injured worker- even though a nurse herself, cannot be reimbursed for Ayurvedic treatment she underwent in India because it was not done vis-a-vis a referral or under the supervision of a licensed Pennsylvania health care […]

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    Cruz vs. Workers’ Compensation Appeal Board- What Is The Proper Allocation Of The Burden of Proof Between An Employer And A Workers’ Compensation Claimant Regarding The Injured Employee’s Legal Eligibility Under Federal Immigration Law To Obtain Suitable Employment When The Employer Seeks To Suspend Disability Benefits?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | July 28, 2014

    In this Supreme Court of Pennsylvania Decision, the Court held that the Employer bore the burden to prove that the loss of earning power of its employee, David Cruz, was due to his lack of United States citizenship or other legal work authorization in order to obtain a Suspension of his workers’ compensation disability benefits. […]

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    Case Review: Pennsylvania Workers’ Compensation Subrogation, Medical Expenses, and Reimbursement

    posted in |PA Workers’ Compensation

    by Michael Cardamone | July 19, 2014

    In a Commonwealth Court Decision dated June 30, 2014, the Court affirmed the Order of the Workers’ Compensation Appeal Board which affirmed the Workers’ Compensation Judge’s decision that $29,995.59 of work-related medical expenses were not directly payable to Claimant. See Evans v. WCAB (Highway Equipment And Supply Company) No. 2252 C.D. 2013. Claimant had filed […]

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    Pennsylvania Workers’ Comp And Repetitive Work Injuries Information

    posted in |PA Workers’ Compensation

    by Michael Cardamone | July 4, 2014

    Do repetitive work injuries count as work-related injuries in Pennsylvania? Yes! Whether your injury was sustained suddenly, or from repetitive work activities, it is a work injury so long as 1) you were an employee at the time, 2) it occurred in the course and scope of your employment (ie, while you were working), and […]

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    How Does A Notice Of Temporary Compensation Payable Work In Pennsylvania Workers’ Compensation?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | June 19, 2014

    Under Section 406 of the Pennsylvania Workers’ Compensation Act, if an employer is uncertain whether a claim is compensable or uncertain of the extent of liability, they can initiate compensation payments without prejudice and without admitting liability pursuant to a Notice of Temporary Compensation Payable (“NTCP”) on a form as prescribed by the Pennsylvania Department […]

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    How Does Surveillance Work In Pennsylvania Workers’ Compensation?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | May 31, 2014

    Is surveillance of injured workers allowed under the law? Yes. As long as the surveillance company is not on your private property. Why is surveillance done? Because the employers and insurers want to see if an injured worker is doing any activities that are inconsistent with the purported injuries. Will you be able to review […]

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    Pennsylvania Workers’ Compensation Guide To Specific Loss And Amputations

    posted in |PA Workers’ Compensation

    by Michael Cardamone | May 17, 2014

      Specific loss under the Pennsylvania Workers’ Compensation Law can be quite confusing. These benefits, under Section 306(c) of the Act, are for loss of use or amputation of a member of the body, binaural hearing impairment of greater than 10 percent, loss of vision in one or both eyes, and disfigurement (head, face, or […]

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    Impairment Ratings Under The Pennsylvania Workers’ Compensation Act- IRE Doctor Must Have An Active Clinical Practice Of At Least 20 Hours Per Week

    posted in |PA Workers’ Compensation

    by Michael Cardamone | April 9, 2014

    In a great Decision by the Commonwealth Court of Pennsylvania in Verizon Pennsylvania, Inc. v. WCAB (Ketterer), No 1188 CD 2013, the notion that an impairment rating physician must have at least 20 hours of clinical practice per week was affirmed. The insurer in this case tried to modify Claimant’s benefits based on an IRE […]

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    How Does A Pennsylvania Workers’ Compensation Judge Decide My Case?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | December 12, 2013

    The main issue for the Pennsylvania Work Comp Judges is credibility. When writing a Decision which decides a particular issue- for example, whether a work injury took place, the extent of disability, whether a recovery has been reached, whether the injured worker has an earning power, or whether medical treatment is reasonable and necessary- the […]

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    Why Is The Cardamone Law Firm, LLC The Best Choice For Pennsylvania Workers’ Compensation?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | December 10, 2013

    The Cardamone Law Firm, LLC known as MyPhilly WorkersComp Attorney, is a unique law firm with convenient offices in Philadelphia and Blue Bell. Founded by Certified Pennsylvania Work Comp Specialist, Michael W. Cardamone, The Cardamone Law Firm, LLC is a rare firm that is dedicated 100% to fighting for injured workers in Pennsylvania. No dabbling […]

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    Reichert V. Workers’ Compensation Appeal Board- Does An Employer, Under The Pennsylvania Workers’ Compensation Law, Fail To Meet Its Burden Of Proof In A Labor Market Survey Under Section 306(b)(2) When It Fails To Establish The Absence of Open And Available Jobs At The Pre-Injury Employer?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | November 21, 2013

    Unfortunately for injured workers the answer is no.  In this Commonwealth Court of Pennsylvania Decision, handed down on November 8, 2013, the Court held that an employer does NOT have the burden to prove the non-existence of available work at its own facility as a necessary element of the modification petition. Rather, a claimant may […]

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    Pennsylvania Workers’ Compensation And Child Support Information

    posted in |PA Workers’ Compensation

    by Michael Cardamone | November 12, 2013

    How does a child support lien affect a Pennsylvania Workers’ Compensation case? This issue arises in many cases. Workers’ Compensation benefits in Pennsylvania can be attached for payment of a support order. Act 109 of 2006 made a change to the Domestic Relations Act to state that support which is delinquent under a payment schedule […]

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    How Long Does A Pennsylvania Work Comp Case Take?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | October 24, 2013

    This question is usually one of the first questions a client or prospective client asks me. The answer? It depends. A very “lawyer-like” answer, I know. But it’s simply the truth. Some cases are settled in mere days or weeks and others take years or never settle. Also, there is a difference between the life […]

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    If I Have A Workers’ Comp Case In Pennsylvania, Will I Get Pain And Suffering Money?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | October 17, 2013

    No! The Pennsylvania Workers’ Compensation Act provides wage loss and medical benefits. The purpose of the Act is to provide injured workers with an income stream and medical benefits until their earning power is restored. Pennsylvania Work Comp benefits are payable without regard to fault. In other words, it doesn’t matter if you were injured […]

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    If I Settle My Pennsylvania Work Comp Case, Will I Have To Resign From My Job?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | October 10, 2013

    It depends. Many employers in Pennsylvania require a resignation from the pre-injury employer as part of a global Pennsylvania Work Comp Settlement which is called a “Compromise & Release“. While a resignation has no bearing on whether the settlement will be approved by the Work Comp Judge, (the Judge has no jurisdiction over the issue), […]

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    How Much Do I Get Paid For A Pennsylvania Workers’ Compensation Injury

    posted in |PA Workers’ Compensation

    by Michael Cardamone | October 9, 2013

    Pursuant to Section 306 of the Pennsylvania Workers’ Compensation Act, (a) (1), “for total disability, sixty-six and two thirds per centum of the wages of the injured employe as defined in Section 309 beginning after the seventh day of total disability, and payable for the duration of total disability, but the compensation shall not be […]

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    Information On Pennsylvania Workers’ Compensation Settlements and Medicare Set Asides

    posted in |PA Workers’ Compensation

    by Michael Cardamone | October 3, 2013

    A Workers’ Compensation Medicare Set Aside is a financial arrangement which allocates a certain portion of a Workers’ Compensation Settlement for future medical care. The Medicare Set Aside funds must be used up before Medicare pays for the work-related injury or illness. What is the purpose of a Medicare Set Aside? The purpose is to […]

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    Tips For Testimony At Your Pennsylvania Workers’ Compensation Hearing

    posted in |PA Workers’ Compensation

    by Michael Cardamone | September 25, 2013

    These are some general guidelines of mine for clients when they testify in a deposition in a Pennsylvania Work Comp case, or before the Workers’ Compensation Judge. If you have an attorney handling your case, you should speak to them about their suggestions and experience. -Always tell the truth. This goes without saying but I […]

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    Does A Medical Expert’s Mere Offering Of Alternative Analyses With Respect To Causation Of A Pennsylvania Work Injury Render The Expert’s Testimony Equivocal?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | September 14, 2013

    No! In Manitowoc Co., INC. v. Workers’ Compensation Appeal Board (Cowan), No. 472 C.D. 2013, the Commonwealth Court of Pennsylvania correctly determined that the mere offering of alternative theories as to how an injured worker died after a fall didn’t render that opinion equivocal. This matter involved a fatal claim petition stemming from a fall […]

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    How To Challenge Work-Related Diagnoses In A Pennsylvania Workers’ Compensation Case

    posted in |PA Workers’ Compensation

    by Michael Cardamone | September 4, 2013

    If you are an injured worker in Pennsylvania (or even if you live outside of PA, but were injured in PA and thus subject to the PA Work Comp Act), you will want to look at the Notice of Compensation Payable– this is a key document that is issued and filed by the work comp […]

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    What Does Supersedeas Mean In A Pennsylvania Workers’ Compensation Case?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | August 28, 2013

    Supersedeas is the employer or insurer’s request to reduce or eliminate indemnity (wage loss) benefits based on an allegation of a full recovery or an earning power. The request is made in the Petition to Terminate, Suspend, or Modify. The injured worker is allowed to rebut the request for Supersedeas. If you are an injured […]

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    Under The Pennsylvania Workers’ Compensation Law, Can I Still Pursue Workers’ Compensation Benefits If I Aggravated A Preexisting Injury While Working?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | August 27, 2013

    YES! It is a myth that an injured worker, who may have hurt her back in the past, cannot pursue workers’ compensation as a result of aggravating her back while working. I frequently talk with people who believe they cannot pursue PA Work Comp benefits because they had pain in the same body part before […]

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    Does An Employer In Pennsylvania Have To Show Job Availability For A Suspension of Workers’ Compensation Benefits When A Claimant Has Non-Work-Related Injuries That Are Totally Disabling?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | August 2, 2013

    No. Pursuant to the Commonwealth Court of Pennsylvania Decision in Southeastern Pennsylvania Transportation Authority (SEPTA), v. Workers’ Compensation Appeal Board (Cunningham), No. 2045 C.D. 2011. Claimant suffered a work-related injury to his right knee as a mechanic in June 1996- the Employer, after temporarily accepting his claim, then denied it. Claimant filed a Claim Petition. […]

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    Summer 2013 Update For Pennsylvania Workplace Accident Attorney Michael W. Cardamone Of The Cardamone Law Firm, LLC

    posted in |PA Workers’ Compensation

    by Michael Cardamone | July 25, 2013

    The summer of 2013 is off to a great start. Here are some highlights of my practice: -Became Certified as a Specialist In Pennsylvania Workers’ Compensation Law after passing the very first of its kind Certification Exam. Approximately 100 attorneys across the entire state who represent injured workers like myself are now Certified Specialists. (another […]

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    I Am On Workers’ Compensation In Pennsylvania But The Insurance Company Isn’t Paying For All My Medical Bills- What Can I Do?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | July 8, 2013

    First, you should call a Certified Pennsylvania Work Comp Specialist for a free consult. I am happy to provide that to you promptly, and at no charge. There can be many reasons why the insurer in a Pennsylvania Workers’ Compensation case may not be paying for medical bills. First, what is the controlling document? Usually, […]

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    If I Am Injured At Work In Another State Outside of Pennsylvania, Can I Still Pursue Workers’ Compensation Benefits In Pennsylvania?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | June 26, 2013

    Yes, but only in limited circumstances. This falls under the extraterritorial provisions of the Pennsylvania Workers’ Compensation Act, added in 1974. Here are situations where an injured worker can pursue Pennsylvania Workers’ Compensation benefits if the injury takes place outside of Pennsylvania: 1) the employment is principally localized in Pennsylvania;  OR 2) the employee is […]

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    Eleazar Ortiz v. WCAB- Does An Employer In Pennsylvania Have To Show Job Availability To Suspend An Unauthorized Alien’s Temporary Total Disability Benefits Under The Pennsylvania Workers’ Compensation Act ?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | June 20, 2013

    No! In Eleazar Ortiz v. WCAB, the Commonwealth Court of Pennsylvania held that Claimant’s status as an undocumented alien does not preclude the award of temporary total disability benefits under the Pennsylvania Workers’ Compensation Act. However, if an employer wants to suspend a claimant’s TTD, it does not have to show job availability under a […]

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    If The IME Doctor Says I Am Fully Recovered From My PA Work Injury, Is My Pennsylvania Work Comp Case Over?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | June 10, 2013

    Absolutely not. The IME report is simply an opinion from a hand picked doctor by the insurer. The IME doctor does not have the final say- the Work Comp Judge does! You will be able to have your doctor’s reports, or deposition, taken to defend any allegation of a recovery, in addition to your own […]

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    Should I Allow A Nurse Case Manager To Help Me With My Pennsylvania Work Comp Case?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | June 10, 2013

    NO! So many injured workers mistakenly believe that their nurse case manager is their friend and looking out for them. WRONG! They are essentially a spy hired by the employer or insurer to interfere with your medical appointments and to put pressure on the doctor to release you back to work. You are an adult […]

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    Will The Judge Make A Decision At My First Pennsylvania Workers’ Compensation Hearing?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | May 31, 2013

    Generally speaking, the answer is NO. If your claim was denied by the Employer/Insurer, then you will be litigating what’s called a Claim Petition before a Pennsylvania Workers’ Compensation Judge. The judge, in this context, does not make any Decision at the first hearing. Most judges will hear the injured worker’s testimony at the first […]

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    Do I Have To Return To Work If I Get A Notice Of Ability To Return To Work In A Pennsylvania Work Comp Case?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | May 21, 2013

    I discussed what Notice of Ability To Return To Work means in a PA Work Comp case in a previous post in January 2013. I re-post it below as I am getting more and more questions from clients and prospective clients about a Notice of Ability To Return To Work. The Notice of Ability To […]

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    Certified Pennsylvania Workers’ Compensation Attorney For Injured Workers

    posted in |PA Workers’ Compensation

    by Michael Cardamone | May 7, 2013

    Michael W. Cardamone has passed a first of its kind and challenging Pennsylvania Workers’ Compensation certification exam that only a small number of Pennsylvania Work Comp Attorneys sat for. As a result of this achievement, Cardamone is now Certified as a specialist in the practice of workers’ compensation law by the Pennsylvania Bar Association’s Section […]

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    Should I Do A Mediation If I Have A Pennsylvania Workers’ Compensation Case?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | April 30, 2013

    Yes! Mediations are very effective in helping to resolve a case. The PA Work Comp Judges, at the first hearing, will usually schedule a mandatory mediation-unless the parties agree that it is futile. An example of futility is if the insurer doesn’t give the attorney any authority to settle the case for a lump sum. […]

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    Pennsylvania Work Comp Settlements- A Comprehensive Overview From PA Work Comp Attorney Michael W. Cardamone

    posted in |PA Workers’ Compensation

    by Michael Cardamone | April 30, 2013

    [youtube=https://youtu.be/rOJY7T4RsO0]

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    Spring 2013 Update For PA Work Comp Lawyer Michael W. Cardamone

    posted in |PA Workers’ Compensation

    by Michael Cardamone | April 24, 2013

    Spring 2013 is here and workers’ comp is heating up just like our weather. (ok, the weather SHOULD be heating up) Here are some updates with my workers’ compensation practice: -Settled a case for $110,000.00 for a client who injured his neck and shoulder in a work-related accident in which a heavy garage door suddenly fell on […]

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    How an Experienced Philadelphia Construction Accident Lawyer Can Help You Maximize Your Work Comp Benefits With A 3rd Party Case?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | April 23, 2013

    Pennsylvania Workers’ Compensation is a complex maze of rules and regulations that the insurer likes to use to minimize an injured worker’s case. Navigating this system alone is a foolish move. Cardamone Law workers’ compensation and construction accident lawyer Philadelphia PA have over 14 years of experience in handling workplace construction accident cases in Philadelphia. […]

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    Sons of Ben: The Movie

    posted in |PA Workers’ Compensation

    by Michael Cardamone | April 17, 2013

    I am a proud member of the Sons of Ben. A movie is being made about the Sons of Ben- but the producers need more financial backing. The link is below. Please help if you can- the exposure for Philadelphia, and the financial aid this could bring to struggling Chester, PA is priceless. If you […]

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    If My IME Doctor Alleges I Am Fully Recovered From My Pennsylvania Work-Related Injury, Can They Stop My Checks?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | April 8, 2013

    No. If you are receiving Pennsylvania Workers’ Compensation wage loss benefits for an accepted claim, the insurer or third party administrator is not permitted to stop your checks merely because it has received a medical report from a doctor claiming that you are recovered from the work injury. To stop the checks in this situation, the […]

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    If I Lose My Pennsylvania Workman’s Comp Case Can I Appeal It?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | March 28, 2013

    Yes. If you wish to appeal part of all of a Decision that was unfavorable to you,  you can file an appeal to the Pennsylvania Workers’ Compensation Appeal Board within 20 days of the Decision from the Workers’ Compensation Judge. It is strongly recommended that you review the Decision with your PA Work Comp Lawyer […]

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    “Notes On Assessing Credibility, The Value Of Surveillance Evidence, And Attorney Performance”- By Work Comp Judge David B Torrey

    posted in |PA Workers’ Compensation

    by Michael Cardamone | March 20, 2013

    This article, written by Pennsylvania Workers’ Compensation Judge and Law Professor, David B. Torrey, is an excellent overview of his thoughts on 1) how a work comp judge assesses the credibility of an injured worker and other law witnesses, 2) whether surveillance evidence is effective, and 3) what behaviors of counsel can actually hurt his […]

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    Alfred Napierski v. Workers’ Compensation Appeal Board (Scobell Company, Inc.)- What Must Claimant Show For A Reinstatement Of Benefits After A Bad Faith Refusal Of An Available Job?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | March 18, 2013

    In January 2013, the Commonwealth Court of Pennsylvania, in Napierski v. WCAB (Scobell Company, Inc.), held that once a claimant has refused an available job in bad faith, his employer’s obligation to show job availability ceases. The claimant “must live with the consequences of [his] decision”, meaning he cannot remedy the situation by “subsequent action” […]

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    Earning Power Determinations Under The Pennsylvania Work Comp Law

    posted in |PA Workers’ Compensation

    by Michael Cardamone | March 3, 2013

    For injuries suffered on or after June 24, 1996, an insurer may demonstrate an employee’s earning power by providing expert opinion evidence relative to the employee’s capacity to work. The evidence (See Section 123.302 of the Act 57 Regulations) shall include job listings with agencies of the Department, private job placement agencies and advertisements in […]

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    Information About Pennsylvania Workers’ Compensation Law

    posted in |PA Workers’ Compensation

    by Michael Cardamone | March 1, 2013

    Below is a link that will give you the very basics about Pennsylvania Workers’ Compensation. This area of the law is quite complex, however, and it is strongly recommended that you speak to an experienced Pennsylvania Work Comp Lawyer– not someone who dabbles in it, but whose entire practice is dedicated to protecting injured workers. I […]

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    Statutory Employer And Pennsylvania Workers’ Compensation- The Expansion

    posted in |PA Workers’ Compensation

    by Michael Cardamone | February 27, 2013

    The purpose of the Statutory Employer language in the Pennsylvania Work Comp Act is to extend coverage under the Act to subcontractors’ employees injured at work- ie, construction site. In a landmark case called Six L’s Packing Co. v. WCAB (Williamson), the Pennsylvania Supreme Court, in May 2012, overruled three decades of precedent by expanding “Statutory […]

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    What Is An Impairment Rating In Pennsylvania Workers’ Compensation?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | February 25, 2013

    Section 306(a.2) of the Pennsylvania Workers’ Compensation Act provides for a determination of whole body impairment due to the compensable work-related injury after an injured worker receives 104 weeks (2 years) of total disability compensation, unless otherwise agreed to by the parties. This, unfortunately, is a tool for insurers to put a ceiling on their […]

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    How Does Social Security Work With Pennsylvania Workers’ Compensation?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | February 23, 2013

    Under Act 57, 50 percent of Social Security retirement- or “old age” benefits shall be credited against the amount of benefits being received under the PA Work Comp Act- except for specific loss benefits or fatal claim benefits.  The offset does not apply when the employee applies for and becomes entitled to receive those benefits […]

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    Workers’ Compensation Is Like A Bad Marriage

    posted in |PA Workers’ Compensation

    by Michael Cardamone | February 8, 2013

    I had a mediation with a Work Comp Judge in Philadelphia this morning. In speaking with my client about some of the benefits of settlement, the Judge made a great analogy. He said that unlike other areas of the law- such as personal injury- workers’ compensation keeps hanging around until the case is settled. In […]

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    Do You Like Being A Lawyer?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | January 25, 2013

    I can’t speak for my colleagues, but the answer for me is yes! I’ve always liked the idea of being a lawyer. That’s probably because my dad was a lawyer. Even as a kid, I could see the passion overflowing in him. He would come home for dinner around 630 every night and he talked my […]

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    Repetitive Work Related Injury Lawyer In Philadelphia, Pennsylvania

    posted in |PA Workers’ Compensation

    by Michael Cardamone | January 22, 2013

    Do repetitive work injuries count as work-related injuries in Pennsylvania? Yes! Whether your injury was sustained suddenly, or from repetitive work activities, it is a work injury so long as 1) you were an employee at the time, 2) it occurred in the course and scope of your employment (ie, while you were working), and […]

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    If My Pennsylvania Workers’ Compensation Case Goes To Court, How Does It Work?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | January 14, 2013

    Some cases never go into litigation. An injured worker in Pennsylvania may receive work comp benefits, then return to her pre-injury job with no drama or litigation. But many cases do end up in court. There may be a dispute over the amount of the compensation due, the nature of the work-related injury, a disagreement […]

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    What Does A Notice Of Ability To Return To Work (LIBC 757) Mean In Pennsylvania Workers’ Compensation Act?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | January 7, 2013

    I get many phone calls from clients and prospective clients about the peculiar document, called a Notice of Ability To Return To Work. This is a form, LIBC 757, sent to an injured worker pursuant to Section 306(b) (3) of the Pennsylvania Workers’ Compensation Act. That provision states, “If the insurer receives medical evidence that […]

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    How Does Settlement Work In Pennsylvania Work Comp Cases? Lecture By Lawline Faculty Member Michael Cardamone of The Cardamone Law Firm Free Consults For Injured Workers At 215-206-9068

    posted in |PA Workers’ Compensation

    by Michael Cardamone | December 28, 2012

    [youtube=https://youtu.be/K7aronBax0M]

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    Pennsylvania Work Comp Settlement Amounts

    posted in |PA Workers’ Compensation

    by Michael Cardamone | December 15, 2012

    Attorney Michael W. Cardamone represents injured workers across Pennsylvania. In 2012 he negotiated the following settlements on behalf of his clients. Note that in addition to the lump sums listed below, Mr. Cardamone prevented the insurer or employer from reducing his client’s checks in many of the cases, netting his clients tens of thousands in […]

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    How Does Settlement Work In Pennsylvania Workers Compensation

    posted in |PA Workers’ Compensation

    by Michael Cardamone | December 14, 2012

    Pennsylvania Work Comp Lawyer, Michael W. Cardamone, represents injured workers across Pennsylvania, winning and settling millions of dollars in wage loss and medical benefits for his clients every year. In the course below, Michael presents a lecture on Pennsylvania Workers Compensation Settlement, to help educate other lawyers who may not have the experience or knowledge […]

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    Mutual And Unilateral Mistakes Of Fact In The Context Of A Pennsylvania Workers’ Compensation Compromise & Release Agreement

    posted in |PA Workers’ Compensation

    by Michael Cardamone | December 5, 2012

    In the case of Hoang v. WCAB (Howmet Aluminum Casting), (will refer to case as Hoang hereinafter) filed by the Commonwealth Court on August 20, 2012, an injured worker sought to have an Order approving a Compromise & Release Agreement (ie, settlement agreement) overturned based on a “mutual mistake of fact” regarding unpaid medical bills.  […]

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    Philadelphia, PA Work Comp Lawyer Michael W. Cardamone Wins Case Against Large Philadelphia Employer

    posted in |PA Workers’ Compensation

    by Michael Cardamone | November 27, 2012

    Pennsylvania Work Comp Attorney, Michael W. Cardamone, of The Cardamone Law Firm represents injured workers across Pennsylvania. In July 2011, he filed a Claim Petition for a client who injured his right arm and hand in a work-related accident.  The Employer, a large Philadelphia manufacturing company, denied his claim. The Petition was assigned to a Work […]

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    If I Am An Injured Employee In Pennsylvania, Do I Need To Prove Negligence By My Employer To Get Work Comp Benefits?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | November 26, 2012

    No. If you are injured while in the course and scope of your employment, you do not need to prove negligence. Negligence will apply if you have a 3rd party case– that is a case against some entity other than your employer, but not in your Pennsylvania Work Comp situation. For example, if you were […]

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    What Does A Notice Of Ability To Return To Work Mean In A Pennsylvania Workers’ Compensation Case?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | November 16, 2012

    At least once a week, I get a call from a client asking me what this document means. The document I am referring to is called “Notice of Ability To Return To Work “ in a workers compensation case. This is a form sent to an injured worker in Pennsylvania, required by Section 306(b) (3) […]

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    Interplay Between Pennsylvania Workers’ Compensation And Unemployment Compensation

    posted in |PA Workers’ Compensation

    by Michael Cardamone | October 25, 2012

    The basic idea of the Pennsylvania Workers’ Compensation Act is to provide an injured worker with wage loss replacement benefits (2/3 of average weekly wage) and medical coverage resulting from the work injury. The basic idea of the Pennsylvania Unemployment Compensation Law is to give wage loss replacement benefits to the employee who is capable […]

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    How Can The IME Doctor Claim I Am Fully Recovered When I Am Not?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | October 18, 2012

    Independent medical doctors under the Pennsylvania Workers’ Compensation Act are not “independent”. They are hand picked doctors- not by the presiding Judge, but by the employer or insurance carrier. The IME doctors do not treat an injured worker. They simply examine the injured worker, review medical records, and take a history. Then, they issue a […]

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    Tips For Injured Workers Immediately After A Work Injury

    posted in |PA Workers’ Compensation

    by Michael Cardamone | October 5, 2012

    Note- all cases are unique. These are general guidelines. You should speak to me or another experienced Pennsylvania Work Comp Lawyer to discuss the details of your situation. ____________________________   -Call me!   -Give notice of your work injury to a boss or supervisor, explaining how you were injured, when, and what injuries you sustained. Notice […]

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    If I Have An Open Workers’ Compensation Claim In Pennsylvania, What Happens If I Quit My Job?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | October 2, 2012

    In most cases, the insurance carrier for your employer will file a Petition to Suspend wage loss benefits. A Petition to Suspend is filed when the insurer believes that your earning power is no longer adversely affected by your work injury. In this specific context- that is, when an injured worker quits- the insurer will […]

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    My Notice Of Compensation Payable Doesn’t Have The Correct Description Of My Work Injury- What Should I Do?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | September 4, 2012

    The simply answer is: speak with an experienced Pennsylvania Work Comp Lawyer. Once you are injured at work and give notice of your injury to your employer, the workers’ compensation carrier or third party administrator (which is like an insurance company but they don’t spend their own money) has 21 days to issue an acceptance […]

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    How Lawyers Help Society- Often In A Quiet Way

    posted in |PA Workers’ Compensation

    by Michael Cardamone | August 25, 2012

    What a great, insightful, well-written piece on the role of lawyers in the world.   Click here to read!

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    Pennsylvania Workers Comp-It IS About The Money!

    posted in |PA Workers’ Compensation

    by Michael Cardamone | August 17, 2012

    Recently, a prospective client called me and we spoke about her workers’ compensation case. During the course of our talk, she said “it’s not about the money”.  While this is a trendy and popular thing to say- often times as a defense mechanism to ward off unfair images of greed-it really is misplaced in a […]

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    Pennsylvania Workers’ Compensation Attorney Michael W. Cardamone In Main Line Today Magazine

    posted in |PA Workers’ Compensation

    by Michael Cardamone | August 3, 2012

    Michael W. Cardamone, Esquire, a workers’ compensation lawyer representing injured workers in Pennsylvania is one of several attorneys featured in Main Line Today Magazine– August 2012 Issue. Michael has been fighting for injured workers for over a decade and has a high success rate before the work comp judges. He has recently joined Lawline.com as […]

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    Do I Need To Give Written Notice Of My Pennsylvania Workers Comp Injury To My Employer?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | July 28, 2012

    No.  Written notice of a PA Work Injury is not required. However, it will serve to protect you against a notice defense.  An injured worker has a maximum of 120 days to give notice (verbal or written) of his/her work injury to the employer. In many cases, an injured worker in Pennsylvania will testify that […]

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    The Insurance Company Lawyer Has Filed A Petition To Terminate My PA Work Comp Benefits- Will My Checks Stop Immediately?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | July 6, 2012

    No.  If you are receiving Pennsylvania Work Comp indemnity (ie, wage loss) benefits, they must continue until such time as a Judge enters an Order stopping them.  If a Petition to Terminate has been filed, the attorney for the Employer/Insurer will ask for Supersedeas. Supersedeas in Pennsylvania Work Comp cases means that the Employer/Insurer is […]

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    Bucks County Workers Comp Lawyer For Injured Workers

    posted in |PA Workers’ Compensation

    by Michael Cardamone | June 11, 2012

    If you need a Bucks County Work Comp Lawyer, look no further. I’ve been handling cases for injured workers in Bucks County and surrounding counties for over a decade. I am familiar with the Work Comp Judges in Bucks County- this familiarity helps my clients because I know what to expect and what evidence will […]

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    Pennsylvania Department of Labor And Industry Information

    posted in |PA Workers’ Compensation

    by Michael Cardamone | May 25, 2012

    In Pennsylvania Workers’ Compensation we often brush up against other areas of the law. One of those areas deals with wage and hour issues such as minimum wage, sick pay, breaks, etc.  Here is some useful info from the Pennsylvania Department of Labor and Industry: https://www.portal.state.pa.us/portal/server.pt?open=514&objID=563209&mode=2 If you need more info about these issue or […]

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    Pennsylvania Super Lawyer Workers’ Compensation For Injured Workers

    posted in |PA Workers’ Compensation

    by Michael Cardamone | May 18, 2012

    Thank you to my colleagues for voting me a Pennsylvania Super Lawyer- “Rising Star” in 2012- in the area of Pennsylvania Workers’ Compensation. This is the 4th consecutive year they have voted for me.  The Rising Stars are the top 2.5 percent of attorneys in their practice area, who have either practiced for less than […]

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    Pennsylvania Workers’ Compensation- Description Of Injury- Why Does It Matter?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | May 17, 2012

    In a Pennsylvania Work Comp case, the employer/insurer usually issues a Notice of Compensation Payable when they accept the fact that a work injury took place. On this key, controlling document, there is a place in the upper left hand corner to list “body parts affected” and “type of injury”.  In the vast majority of […]

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    Septa Accident Lawyer In Philadelphia

    posted in |PA Workers’ Compensation

    by Michael Cardamone | May 11, 2012

    On the news recently, we’ve heard about the high incidence of Septa drivers getting assaulted. If you work for Septa and are injured while working, you are entitled to 2/3 of any wage loss that results from the injury, in addition to payment of all medical bills for reasonable, necessary, and related medical treatment. Septa […]

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    Do You See People Faking Injuries To Get Workers’ Compensation In Pennsylvania?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | April 27, 2012

    I have been handling Pennsylvania Work Comp cases for 13 years and I haven’t seen many fakers. This doesn’t mean they don’t exist. Of course they do. But it’s not as prevalent  as many people believe. In virtually every conversation I have with a new client, he/she mentions that they are aware of all the […]

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    Testimonial For PA Work Comp Lawyer Michael W. Cardamone

    posted in |PA Workers’ Compensation

    by Michael Cardamone | April 12, 2012

    Here is a testimonial from a client of mine: “Thank you so much, Michael, for all you’ve done to reach a fair resolution.  From my first phone call, your concern gave me the confidence I needed to keep pushing to have my injuries fixed.  Through every stage of the court process you were totally engaged. You were sharp, […]

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    Pennsylvania Workers’ Compensation Law- Where Can I Find It?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | April 11, 2012

    Right here. https://www.portal.state.pa.us/portal/server.pt?open=514&objID=553004&mode=2 As you can see, the Pennsylvania Workers’ Compensation Law is extensive and complex. If you have any questions, please contact me for a free consultation.215-206-9068 or Michael@cardamonelaw.com 7 Days a week! I represent injured workers across Pennsylvania. PA Work Comp Lawyer

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    Are Pain And Suffering Damages Available In A Pennsylvania Workers’ Compensation Case?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | April 4, 2012

    No.  Pain and suffering is not part of Pennsylvania Workers’ Compensation.  If you sustain an injury at work in Pennsylvania, you are entitled to two- thirds of your wage loss and payment of medical bills (and specific loss benefits if you lose a limb, toe, finger, or suffer disfigurement).  Pain and suffering damages are not […]

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    If I Had A Pre-Existing Condition, Can I Still Get Workers’ Compensation In Pennsylvania If I Aggravated It A Work?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | April 2, 2012

    Yes.  An aggravation of a prior condition is still a work injury- so long as your doctor 1) is aware of the prior condition, 2) states that your work activity aggravated it, and 3) the Judge (if the claim isn’t accepted voluntarily) finds your doctor to be more credible than an opposing doctor such as […]

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    Pennsylvania Workers’ Compensation LIBC Forms- Should I Fill Them Out?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | March 23, 2012

    If you are receiving Pennsylvania Workers’ Compensation benefits, the employer/insurer will periodically send out these forms, called LIBC forms, asking for information. You should fill them out and return them within 30 days. If you fail to do so, the insurer has grounds to stop your checks if you are receiving wage loss benefits until […]

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    The Concept of Present Value In The Context Of Pennsylvania Workers’ Compensation

    posted in |PA Workers’ Compensation

    by Michael Cardamone | March 15, 2012

    A Pennsylvania Workers’ Compensation Lawyer must understand the concept of “Present Value”.  Simply stated, a dollar today is worth more than a dollar tomorrow. Why does this matter in a Pennsylvania Workers’ Compensation case? When it comes to settlement, I often explain to clients that receiving a lump sum of money rather than a period […]

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    FREE Phillies v. Marlins Tickets For April 12, 2012 at 705pm – Courtesy Of MyPhillyWorkersCompLawyer

    posted in |PA Workers’ Compensation

    by Michael Cardamone | March 9, 2012

    To enter a drawing for two free Phillies v. Marlins tickets, see my Facebook Fan Page for how to enter! Winner announced on my Facebook Fan Page at 5pm on Monday night, March 12, 2012. The link is below: https://www.facebook.com/#!/pages/Michael-W-Cardamone-Esquire-Fighting-For-Injured-Workers-In-Pennsylvania/87441386034

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    Can My Employer Cancel My Health Insurance After A Work Injury?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | March 7, 2012

    Yes in most cases, but if COBRA applies to your employer, they must offer you that right- where you pay the premiums for continued insurance for a period of time. Here is a link to COBRA for your convenience. But many injured workers lose their health insurance after a work injury.  This is one of […]

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    Should I Quit If I Was Hurt On The Job And Feel Like The Employer Is Trying To Fire Me Now?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | February 21, 2012

    Talk to your attorney, whether that’s me or someone else as every case is different and needs an individual analysis. But generally, the answer to this will be no! If you quit then the Employer/Insurer will argue in Court that your loss of earning power is now due to you voluntarily withdrawing from the work […]

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    Can I Apply For Social Security Disability If I Am Pursuing Or Already Receiving Pennsylvania Workers’ Compensation?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | February 2, 2012

    Yes.  However, you should speak to your attorney about whether it makes sense to wait until the case is settled before making such an application.  All Pennsylvania Work Comp Settlements must take into account the interests of Medicare- and some settlements must be approved by Medicare- so that Medicare can see that it will not […]

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    News: Philadelphia Work Comp Lawyer Obtains $450,000.00 For Clients In Week Of January 30, 2012

    posted in |PA Workers’ Compensation

    by Michael Cardamone | February 1, 2012

    Michael W. Cardamone has settled several cases for clients this week for close to a half million dollars. Settlements in a Pennsylvania Work Comp case can take years to accomplish, or sometimes months. Every case is unique. Some cases settle before litigation and some settle during litigation. Many factors determine the fair value of a […]

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    Northeast Philadelphia Work Comp Lawyer For Injured Workers

    posted in |PA Workers’ Compensation

    by Michael Cardamone | January 20, 2012

    Michael Cardamone represents injured workers in Northeast Philadelphia and all over Eastern and Central Pennsylvania. Michael is quite familiar with the Workers’ Compensation Judges who hear cases in Northeast Philadelphia. He has litigated many cases there, with great success, in addition to settling numerous cases for Northeast Philadelphia residents. Michael has a network of doctors […]

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    Find The Best Carpal Tunnel Lawyer For Workers’ Compensation Case In Philadelphia, Bucks, Montgomery, Chester, and Delaware County!

    posted in |PA Workers’ Compensation

    by Michael Cardamone | January 18, 2012

    If you have Carpal Tunnel Syndrome from job related activities, call Philadelphia Carpal Tunnel Lawyer Michael Cardamone for a free evaluation. I have extensive experience with cases involving this condition, with great success. Image Source Carpal Tunnel Syndrome is frequently defended by Employer/Insurers in Pennsylvania Workers’ Compensation cases. The condition can be caused suddenly, or […]

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    Weney v. Workers’ Compensation Appeal Board: Res Judicata And Petitions To Review In Pennsylvania Workers’ Comp

    posted in |PA Workers’ Compensation

    by Michael Cardamone | January 2, 2012

    In this case, decided by the Commonwealth Court of Pennsylvania in November 2008, the doctrine of res judicata was applied to prevent an injured worker from litigating the issue of whether a certain diagnosis was work-related in the context of a Petition to Review- which is one of the mechanisms to pursue a work-related diagnosis […]

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    Philadelphia Construction Accident Lawyer

    posted in |PA Workers’ Compensation

    by Michael Cardamone | December 23, 2011

    Below is a link to an article written by a friend/colleague regarding fall protection standards and OSHA. If an injured worker falls at work and is injured, there can be two possible cases- a workers’ compensation case and a case for negligence. Call Workers’ Comp Lawyer In Philadelphia When you need a construction accident lawyer […]

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    Highlights For 2011, Philly Work Comp Lawyer, Michael W. Cardamone 215-206-9068

    posted in |PA Workers’ Compensation

    by Michael Cardamone | December 16, 2011

    Here is a summary of some of my settlements from 2011:  (these are cases that I generated for the firm I work for) $600,000.00 plus –  client who injured his hand in the Marcellus Shale drilling (this was a combination of a work comp cases that I handled and a personal injury suit handled by […]

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    What Is The Most Important Thing I Can Do To Maximize My Pennsylvania Work Comp Case?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | December 12, 2011

      If you are an injured worker in Pennsylvania and wish to know what is the most important thing you can do to maximize your PA Work Comp Case, the answer is Be Honest At All Costs.     Honesty with your lawyer, your doctor, the Judge, and the insurance company is critical in these […]

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    Montgomery County, Pennsylvania Work Comp Lawyer For Injured Workers

    posted in |PA Workers’ Compensation

    by Michael Cardamone | December 6, 2011

    I am often asked if I represent injured workers who work or live in Montgomery County, PA.  The answer is YES! I grew up in Montgomery County, went to grade school at St. Rose in North Wales, and currently reside in Montgomery County- in addition to having a Blue Bell office. I assist injured workers […]

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    What Are The Benefits Of A Pennsylvania Workers’ Compensation Settlement?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | November 28, 2011

    There are many. However, the most significant benefit is arguably the certainty of the outcome versus the uncertainty that accompanies litigation where anything can happen. When an injured worker in Pennsylvania settles his or her workers’ compensation claim, he knows exactly what he’s getting in exchange for closing down the case. The terms of the […]

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    If I Am An Independent Contractor Can I Get Pennsylvania Workers’ Compensation Benefits?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | November 7, 2011

    No. The Pennsylvania Workers’ Compensation Act only covers employees. An “Employee” is synonymous with servant and includes all natural persons who perform services for another for a valuable consideration.  An independent contractor is not an employee because of the absence of a master/servant relationship. Some of the key factors in determining whether someone is an […]

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    How Does The Hearsay Rule Come Into Play In Pennsylvania Workers’ Compensation Cases?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | October 21, 2011

    Hearsay is an out of court statement offered to prove the truth of the matter asserted therein. In Pennsylvania Workers’ Compensation cases, hearsay objections most often occur in the context of medical evidence. If a claim is for more than 52 weeks of compensation, the party seeking to introduce medical evidence must take a deposition […]

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    I Told My Boss That I Was Hurt At Work, So Why Isn’t Workers Comp Sending Me Money?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | October 11, 2011

    Once you are injured at work, you must report the injury.  Once you report the injury, the Employer/Insurer has 21 days to issue one of 3 documents:  1) A Notice of Compensation Payable which accepts your claim, 2) A Notice of Temporary Compensation Payable which temporarily accepts your claim for up to 90 days as […]

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    If I Get Workers Comp Wage Loss Benefits, Will I Get Interest On Past Due Amounts?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | September 30, 2011

    Yes, 10% per annum (per year) unless otherwise agreed to by the parties.   This is meant to help the injured worker. In Claim Petition proceedings, which can take up to a year or more, the interest on back due amounts can be significant.   If the Employer/Insurer failed to pay benefits that were owed […]

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    Why Does My Pennsylvania Work Comp Case Take So Long?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | September 24, 2011

    The rules state that each party has 3 months for their medical evidence. That’s 6 months right off the bat. In addition, there is time for the parties to submit written arguments on whatever issues are pending. Usually, 45 to 60 days is allowed by the judges.  Then, it’s another few months, depending on the […]

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    Where Can I Find the Law On Pennsylvania Workers’ Compensation?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | September 5, 2011

    I made it easy for you- the link is below. https://www.portal.state.pa.us/portal/server.pt?open=514&objID=553004&mode=2 As you can see, the PA Work Comp Law is quite complicated with many technical provisions. It is strongly suggested that if you are injured at work in Pennsylvania, that you hire an experienced PA Work Comp Lawyer. If you do not, the Judge […]

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    Pennsylvania Workers’ Compensation Settlements- How Does It Work?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | September 4, 2011

    Here is a link to a legal guide I published on Avvo regarding Pennsylvania Work Comp Settlements.   https://www.avvo.com/legal-guides/ugc/information-about-pennsylvania-work-comp-settlements-   Pennsylvania Work Comp Settlement Lawyer

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    Do You Need An Experienced RSD Lawyer In Philadelphia or Pennsylvania?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | August 30, 2011

    If you have RSD  (Reflex Sympathetic Dystrophy) or Complex Regional Pain Syndrome, call experienced Philly Lawyer  Michael Cardamone of Cardamone Law to discuss which doctors may be best equipped to treat you, or to discuss your legal matters. These are serious diagnoses that require an experienced opinion. Having deposed the top RSD doctors in Pennsylvania, […]

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    Other Than Going To Court, What Do Pennsylvania Work Comp Attorneys Do?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | August 29, 2011

    Clients of mine often seem intrigued by attorneys and what we do every day.  Here are some of the things that I do each and every week on behalf of injured workers in Pennsylvania: -Prepare for and attend hearings -Prepare for and attend depositions -Prepare for and attend mediations -Speak to clients on phone, in […]

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    What Are Some Of The Important Factors In Determining A Pennsylvania Work Comp Settlement?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | August 24, 2011

    There are many factors. And, each case is unique. However, some of the factors include:   Average Weekly Wage before the work injury Extent of Disability Whether an Independent Medical Examiner agrees with the treating physician regarding the cause of the diagnoses, the nature of the diagnoses, and the disability arising from the diagnoses Age […]

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    My Doctor Doesn’t Seem To Be On The Same Page As Me, What Should I Do?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | August 18, 2011

    Talk to your work comp lawyer. Sometimes, it’s better to iron things out with your physician- if they are willing, of course, and sometimes it’s better to move on and find a better advocate.  You certainly want to avoid the appearance of doctor shopping so it’s always better to have continuity with a doctor, but […]

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    How Long Will It Take To Know If Work Comp Is Accepting My Pennsylvania Work Injury Claim?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | August 11, 2011

    Once you give notice of your work injury, the Employer/Insurer has 21 days to accept, deny, or temporarily accept your claim. If they do not issue an acceptance, denial, or temporary acceptance within that time frame, they are in violation of the Pennsylvania Workers’ Compensation Act, and subject to penalties, up to 50%, pursuant to […]

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    What Is The Difference Between The Americans With Disabilities Act And The Pennsylvania Workers’ Compensation Act?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | August 10, 2011

    First, the Pennsylvania Workers’ Compensation Act deals with injuries on the job. The Americans With Disabilities Act deals with disabilities whether work -related or not. In Pennsylvania Workers’ Compensation, the term disability refers to a work injury plus wage loss. Under the ADA, disability signifies a mental or physical impairment that “substantially limits one or […]

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    What Is The Employer’s Burden Of Proof In Establishing That An Injured Worker Has Fully Recovered?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | August 4, 2011

    First, the burden of proof is on the Employer. The employer seeking to terminate work comp benefits bears the burden of demonstrating that either 1) the employee’s disability has ceased, or 2) that any current disability arises from a cause unrelated to the employee’s work injury. The burden never shifts to the employee in a […]

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    Can Work Comp Reduce My Checks If I Am Receiving Social Security (old age), Severance, Unemployment Compensation, Or Pension Benefits?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | August 2, 2011

    Yes. Proper notice of the offset must be given. And, the injured worker may dispute the offset by filing a Petition to Review Offset. If an injured worker in Pennsylvania is receiving Social Security Disability benefits, then there is no offset, but there is for “old age” benefits. With respect to the pension offset, the […]

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    Do I Need A Witness To My Injury To Win A Work Comp Case In Pennsylvania?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | July 29, 2011

    No. There is no witness requirement. But credibility is always an issue so the Judge must determine that what you are testifying to as the cause of your condition is credible. Moreover, your doctor must also find your history to be credible. In repetitive injury cases, there really would not be a witness anyway as […]

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    How Can The Doctors In My Case Disagree So Much?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | July 27, 2011

    Because they are in a business- it’s called medicine. The insurance company doctors are paid to see things the insurance company’s way, and the treating doctors have incentive to treat patients. No one can see pain. And while an MRI or EMG may show abnormalities, the doctors have wiggle room to opine that such findings […]

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    Does An Injured Worker In Pennsylvania Have To Give Notice Of His Injury To The Employer?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | July 22, 2011

    Yes. Within 120 days of the work injury. The time for giving notice, however, does not begin to run until the employee knows, or by the exercise of reasonable diligence should know, of the existence of the injury and its possible relationship to his or her employment. Reasonable diligence is an objective standard (not subjective) […]

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    Experience Is Critical In Complicated RSD/CRPS Cases In Pennsylvania Work Comp

    posted in |PA Workers’ Compensation

    by Michael Cardamone | July 17, 2011

    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 […]

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    Family Medical Leave Act (re-post from 2007 entry)

    posted in |PA Workers’ Compensation

    by Michael Cardamone | July 17, 2011

    Many people have a vague familiarity with the Family and Medical Leave Act. It is an important and useful tool that many employees can take advantage of, and something that is often overlooked by employees. I wanted to share with you the basics of FMLA. Feel free to share this information with friends or family […]

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    Can I Accept A Job If I Am Receiving Pennsylvania Work Comp Benefits?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | July 17, 2011

    Yes. However, the earnings must be reported to the insurer. And, you should speak to your work comp lawyer before accepting a job. Sometimes, it’s better to try to settle a case, and then return to work, rather than accepting a job with a new employer, which will diminish the value of settlement. Working is […]

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    Pennsylvania Workers’ Comp Death Claims Info

    posted in |PA Workers’ Compensation

    by Michael Cardamone | July 17, 2011

    If an injured worker dies from the work injury, a claim petition must be filed within three years after the date of death. The death must occur within 300 weeks after the injury. Image Source: pexels/Ksenia Chernaya In occupational disease claims, the death from an occupational disease shall be the basis for the payment of […]

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    Key Elements To Winning A Pennsylvania Workers’ Compensation Case

    posted in |PA Workers’ Compensation

    by Michael Cardamone | July 17, 2011

    1) Hire an experienced workers’ comp lawyer right away (Michael Cardamone, Esquire- 215.206.9068) 2) Reporting the injury immediately to a supervisor 3) Following company guidelines regarding panel physicians 4) Giving a complete and accurate history to your doctors as to how and when the injury occurred 5) Trying, in good faith, to attempt any light […]

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    If I Was In A Car Or Truck Accident While Working, Could I Have Both A Work Comp Case And A Personal Injury Case?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | July 16, 2011

    Yes, if the accident was caused by the negligence of the other driver (s). You may bring a personal injury (third party) suit against the driver who caused the accident, in addition to a workers’ compensation claim against your employer. Image Source: pexels/Aleksandr Neplokhov The personal injury suit involves negligence (ie, fault) whereas your work […]

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    Independent Medical Exam (IME) In Pennsylvania Workers’ Comp Cases

    posted in |PA Workers’ Compensation

    by Michael Cardamone | July 16, 2011

    Why does an injured worker in Pennsylvania have to go to an IME doctor- that is, a doctor hired by the workers’ comp insurance company? Well, because the Pennsylvania Workers’ Compensation Act allows for it. An independent medical exam in Pennsylvania every 6 months is reasonable. IME doctors are hired by the insurance company and […]

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    What Is A Labor Market Survey In Pennsylvania Workers’ Comp?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | July 16, 2011

    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. […]

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    Do Pennsylvania Work Comp Judges Believe The IME Doctors?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | July 15, 2011

    It depends. Some IME doctors have better reputations than others. Also, there are so many facts to a case, it is difficult to generalize. Generally speaking, if the IME doctor admits basic, obvious facts, has strong credentials, does a thorough exam, and reviews all of the medical records available to him or her, then there […]

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    How Much Will I Get If I Win My Pennsylvania Work Comp Case?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | July 15, 2011

    f the Judge determines you are disabled from your pre injury job as a result of your work-related injury, then you will get 2/3 of your average weekly wage leading up to the date of injury. The insurer will prepare a Statement of Wages based on your actual earnings for the 52 weeks prior to […]

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    Can I Apply For Social Security While Receiving Workers Comp In Pennsylvania?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | July 15, 2011

    Yes. However, if you receive social security retirement benefits after the date of the work injury, then the insurer/employer gets a 50% credit. If you get on social security disability, your work comp checks do not go down. But the SSD check will be lower due to the receipt of the work comp. Talk to […]

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    Can My Employer Terminate Me If I Am Receiving Pennsylvania Workers’ Compensation Benefits?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | July 15, 2011

    Yes. The fact that you were injured at work in Pennsylvania does not protect your job. However, your Employer may not fire you simply because you were injured on the job or because you reported a work injury. But they can terminate you for other reasons- such as the fact that they cannot accommodate your […]

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    How Do Pennsylvania Work Comp Lawyers Get Paid?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | July 15, 2011

    We get paid 20% of any wage loss benefits that we secure for an injured worker- or 20% of wage loss that we prevent the insurer or employer from reducing. Likewise, if we settle your case, we receive 20% of the settlement amount. Fees in PA Work Comp are contingent. This means, we only get […]

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    Death Claims And Pennsylvania Workers’ Compensation Law

    posted in |PA Workers’ Compensation

    by Michael Cardamone | July 15, 2011

    If an injured worker dies from the work injury, a claim petition must be filed within three years after the date of death. The death must occur within 300 weeks after the injury. Image Source: pexels/RODNAE Productions In occupational disease claims, the death from an occupational disease shall be the basis for the payment of […]

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    Does A Jury Decide My Pennsylvania Work Comp Case?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | July 15, 2011

    No. Your case will be heard by a Workers’ Compensation Judge. There is no jury in PA Work Comp. The Judges are fair and smart. They review the evidence which usually consists of the testimony of the injured worker and the medical experts. Sometimes, a witness or witnesses will testify on behalf of the employer […]

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    Info About Pennsylvania Workers Compensation Settlement

    posted in |PA Workers’ Compensation

    by Michael Cardamone | July 15, 2011

    For information about Pennsylvania Workers Compensation Settlements, see the article I published below: Work Comp Settlements In Pennsylvania Philadelphia Work Injury Attorney

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    Carpal Tunnel Syndrome and Pennsylvania Workers’ Compensation Lawyer

    posted in |PA Workers’ Compensation

    by Michael Cardamone | July 15, 2011

    Carpal Tunnel Syndrome is also known as median nerve compression and it is a condition that results in numbness and weakness in the hand. It can be cause by repetitive typing or repetitive assembly line work or similar other activities, day in and day out. If you have carpal tunnel syndrome from repetitive work activities […]

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    Carpal Tunnel Syndrome And Pennsylvania Work Comp

    posted in |PA Workers’ Compensation

    by Michael Cardamone | June 27, 2011

    If you have carpal tunnel syndrome from repetitive work activities- or from a traumatic (sudden) injury, then you are entitled to Pennsylvania Workers’ Compensation benefits. Many insurance companies deny carpal tunnel claims. You should hire an experienced PA Work Comp Lawyer to file a Claim Petition if you were denied. Carpal tunnel can be caused […]

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    I Need A Lawyer For My Work Comp Case In Lancaster and Harrisburg, Can You Help Me?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | June 14, 2011

    Yes. I handle cases in the Lancaster and Harrisburg areas frequently. In fact, I was just there today, in addition to multiple times last week. I am familiar with the Judges and many Employers in that part of the state, having handled cases there for injured workers since 1999. Consult Work Comp Lawyer In Lancaster […]

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    If I Am On Pennsylvania Workmans Comp, Can My Employer Terminate Me?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | May 12, 2011

    Yes. The fact that you were injured at work in Pennsylvania does not protect your job. However, your Employer may not fire you simply because you were injured on the job or because you reported a work injury. But they can terminate you for other reasons- such as the fact that they cannot accommodate your […]

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    Info About PA Work Comp Process

    posted in |PA Workers’ Compensation

    by Michael Cardamone | May 3, 2011

    For information about Pennsylvania Workers Compensation Settlements, see the article I published below: Work Comp Settlements In Pennsylvania Philadelphia Work Injury Attorney

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    How Do Lawyers Get Paid In Pennsylvania Work Comp Cases?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | April 26, 2011

    We get paid 20% of any wage loss benefits that we secure for an injured worker- or 20% of wage loss that we prevent the insurer or employer from reducing. Likewise, if we settle your case, we receive 20% of the settlement amount. Fees in PA Work Comp are contingent. This means, we only get […]

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    Can I Apply For Social Security If I Am On Workmans Comp?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | April 22, 2011

    Yes. However, if you receive social security retirement benefits after the date of the work injury, then the insurer/employer gets a 50% credit. If you get on social security disability, your work comp checks do not go down. But the SSD check will be lower due to the receipt of the work comp. Talk to […]

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    Death Claims In Pennsylvania Workers’ Comp

    posted in |PA Workers’ Compensation

    by Michael Cardamone | April 19, 2011

    If an injured worker dies from the work injury, a claim petition must be filed within three years after the date of death. The death must occur within 300 weeks after the injury. In occupational disease claims, the death from an occupational disease shall be the basis for the payment of compensation only where the […]

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    If My Work Comp Claim Is Denied, Can I Get Short Term Disability?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | April 15, 2011

    If work comp denies your claim, and if you have short term disability, you can pursue that. Give the short term disability people your Denial so they know that work comp is not paying. (even if your work comp case is in litigation). If you ultimately end up with work comp benefits, then work comp […]

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    If I Am Still Working, Can I Pursue A Work Comp Case In Pennsylvania?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | April 12, 2011

    Yes. In Pennsylvania, you are entitled to wage loss benefits and medical benefits. If you are making the same or more as you did before the work injury, you can still pursue a claim if you were denied, for medical benefits. This is a frequent scenario. It is wise to “lawyer up” because the insurance […]

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    Who Pays For The Depositions In A Pennsylvania Work Comp Case?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | April 7, 2011

    If I take a deposition for my client, my firm pays for it unless otherwise agreed. The medical depositions can be quite expensive- sometimes even $5,000.00. This is why the Work Comp Judges in Pennsylvania often tell injured workers that without a work comp lawyer, they can expect to lose their case. Most people do […]

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    Can I Get Short Term Or Long Term Disability While On Workmans Comp In Pennsylvania?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | April 5, 2011

    Yes. However, the insurer gets a credit for the STD or LTD benefits to the extent funded by the Employer. So, if the employee pays for the entire premium of the STD or LTD coverage, then there is no credit against the work comp benefits. But if the employee only pays 20%, then the insurer […]

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    I Keep Getting These LIBC Forms To Fill Out- Do I Have Fill These Out And Return Them If I Am On Workmans Comp In PA?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | April 4, 2011

    Yes, unless you want your wage loss benefits to be suspended. The insurance company/Employer is entitled to find out if you are receiving income or certain benefits while you are on workers comp in Pennsylvania. It is important that you fill out these forms and return them within 30 days. If you do not, the […]

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    Does Cardamone Law Handle Construction Accident Related Workers’ Compensation Cases in Allentown, Pennsylvania?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | March 31, 2011

    Construction accidents in Pennsylvania are unfortunately common. According to a Bureau of Labor Statistics (BLS), private construction sector had the highest number of fatalities in Pennsylvania in 2020 including ill-fated falls, slips, and trips during the construction work. Call Workers’ Comp Lawyer In Allentown These construction injuries are often critical and put a lot of […]

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    How Much Will I Get If I Win My Pennsylvania Work Comp Case?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | March 29, 2011

    If the Judge determines you are disabled from your pre injury job as a result of your work-related injury, then you will get 2/3 of your average weekly wage leading up to the date of injury. The insurer will prepare a Statement of Wages based on your actual earnings for the 52 weeks prior to […]

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    Can I Accept A Job If I Am On Workmans Comp?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | March 28, 2011

    Yes. However, the earnings must be reported to the insurer. And, you should speak to your work comp lawyer before accepting a job. Sometimes, it’s better to try to settle a case, and then return to work, rather than accepting a job with a new employer, which will diminish the value of settlement. Working is […]

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    How Long After My First Work Comp Hearing Will I Receive A Decision In My Case?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | March 26, 2011

    If the case does not settle, then it usually takes between 9 and 12 months to obtain a written Decision from a PA Work Comp Judge. There are many factors, such as the nature of the petition, the particular Judge it is assigned to, whether there are delays in the case due to scheduling depositions […]

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    How Often Should My Workmans Comp Check Come If I Have A Pennsylvania Work Injury?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | March 26, 2011

    Your work comp check should come in the same frequency as your paycheck came prior to the work injury. In many cases, this means it comes bi-weekly. Many clients ask me if the insurer can do direct deposit with their work comp check. It is very unusual for the work comp insurer to do this, […]

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    If I Had A Bad Back And Made It Worse From Working, Can I Get Workmans Comp?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | March 24, 2011

    Yes. If your doctor says that your prior back condition was aggravated or made worse by working, then you can pursue wage loss and medical benefits. An aggravation of a pre-existing condition is a work injury under Pennsylvania Work Comp Law. For more info about pre-existing conditions and Pennsylvania Work Comp Law, call Experienced PA […]

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    If My Employer Asks Me To Return To Work While I’m On Workmans Comp, Do I Have To Return?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | March 23, 2011

    You don’t have to. But there may be consequences. For example, if they ask you to return and you do not return, then they may terminate you. Or, they may argue in your work comp case that your wage loss benefits should be suspended/stopped because you refused available work within your restrictions. But these are […]

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    Can I Get Money From Workmans Comp For A Scar?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | March 22, 2011

    Yes, if your scar is on the head, face, or neck, and 1) permanent, 2) related to the work injury, 3), proper notice of the work injury was given, 4) the scar is unsightly, 5)the scar is not usually incident to the employment. For more about scars and Pennsylvania Workers Compensation Law, call Michael W. […]

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    How Long Does A Work Comp Hearing Take In Pennsylvania

    posted in |PA Workers’ Compensation

    by Michael Cardamone | March 21, 2011

    It simply depends. Sounds like a lawyer answer for sure, huh? It’s true. Some hearings are just quick status hearings for the attorneys. Others involve testimony and can take up to, or over, one hour in duration. Work Comp cases are dynamic and as things change in a case, the nature of what happens at […]

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    If My Work Injury Happened From Repetitive Work Rather Than Suddenly, Can I Get Workmens Comp In Pennsylvania?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | March 21, 2011

    Yes. Repetitive work injuries are just as valid in Pennsylvania as sudden work injuries. I often see laborers injuring their backs from repetitive lifting. Or workers who repetitively push and pull on assembly lines injuring their shoulders. I see computer workers hurting their hands, wrists, and elbows from repetitive typing or poor ergonomics. I see […]

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    How Do I Find The Best Pennsylvania Work Comp Lawyer?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | March 19, 2011

    When you are injured at work, the process can be intimidating. The employer and insurer have control of many things over the first few months. You may feel like you’re being bullied, and that the panel (employer) doctors are minimizing your work injury. The earlier you get a lawyer involved, the stronger the case tends […]

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    Do I Have A Pennsylvania Work Comp Claim If I Live Outside of Pennsylvania But Was Injured In Pennsylvania?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | March 17, 2011

    Yes. If you were injured while working in Pennsylvania,and if you are employed, then Pennsylvania has jurisdiction of your claim. This is true even if you live in another state. For example, you live in Texas, but were injured in Pennsylvania while driving a truck as part of your job. Pennsylvania has work comp jurisdiction. […]

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    How Does Settlement Work For Workers’ Comp In Pennsylvania?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | March 13, 2011

    A settlement is an agreement between the injured worker and the Employer and insurance company (or third party administrator which is like an insurer but it doesn’t spend its own money) to resolve 1) wage loss benefits and 2) medical benefits under the Pennsylvania Workers’ Compensation Act. Settlement can happen any time the parties reach […]

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    Do I Need To Give A Recorded Statement To Work Comp?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | March 10, 2011

    No. The work comp carrier is trying to box you into a story, only to later use it against you in court by alleging that the testimony in court is somehow inconsistent with the recorded statement. If you have been injured on the job in Pennsylvania, do NOT give a recorded statement. Call an experienced […]

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    Ways To Lose Your Pennsylvania Work Comp Case

    posted in |PA Workers’ Compensation

    by Michael Cardamone | February 1, 2011

    1) Fail to tell the doctors, lawyers, and judge that you had prior injuries 2) Fail to show up at a hearing or deposition where your presence is required 3) Fail to show up at your doctor’s appointments (or physical therapy) 4) Fail to report earnings or benefits received after the work injury 5) Fail […]

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    What Does A Request For Supersedeas Mean In Pennsylvania Work Comp Case?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | January 14, 2011

    A request for Supersedeas is the request by the employer/insurer to reduce the indemnity (wage loss) portion of the claim based on evidence presented at the first hearing on a Termination, Modification, or Suspension Petition. Medical benefits continue as litigation proceeds in these types of petitions. So, it’s the wage loss that is being challenged. […]

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    Do The Work Comp Judges In Pennsylvania Find The IME Doctors Credible?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | December 30, 2010

    It depends. Some IME doctors have better reputations than others. Also, there are so many facts to a case, it is difficult to generalize. Generally speaking, if the IME doctor admits basic, obvious facts, has strong credentials, does a thorough exam, and reviews all of the medical records available to him or her, then there […]

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    Marcellus Shale Work Injuries

    posted in |PA Workers’ Compensation

    by Michael Cardamone | November 30, 2010

    Here is an article to Marcellus Shale gas drilling injuries. https://thetimes-tribune.com/news/west-virginia-gas-well-blast-injures-7-flames-now-40-feet-1.834576 If you know anyone injured while working on/in the Marcellus Shale gas drilling operations, call me for a free legal consult. Work injuries require the expertise of an experienced and effective Pennsylvania Work Comp Lawyer. Marcellus Shale drilling is a dangerous activity and injuries […]

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    Marcellus Shale Work Injury Lawyer

    posted in |PA Workers’ Compensation

    by Michael Cardamone | November 29, 2010

    Many workers will unfortunately be injured, and some will lose their lives, as a result of the dangerous gas drilling in the Marcellus Shale. There are many ways that workers in Pennsylvania may become injured on the job working in the Marcellus Shale. Some will be injured in explosions, others harmed by exposure to chemicals. […]

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    It Can Happen To You

    posted in |PA Workers’ Compensation

    by Michael Cardamone | November 15, 2010

    I often talk with people who look at me like they have never heard of workers’ compensation. They probably haven’t. I sure didn’t- until I graduated law school and began working for a firm that handled claims for injured workers. My dad was a lawyer. He was involved in disputes over land, water, real estate, […]

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    How Do I Challenge The Description Of My PA Work Comp Injury?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | November 3, 2010

    Hire an experienced PA Work Comp Lawyer to analyze whether you need to file a Claim Petition or a Petition to Review- it depends on the diagnoses you are seeking to add and when the diagnoses were evident. You will need to present medical evidence- either a deposition of an expert medical witness, or reports- […]

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    Info About Independent Medical Exams in PA Work Comp Cases

    posted in |PA Workers’ Compensation

    by Michael Cardamone | October 26, 2010

    Injured workers in Pennsylvania often ask me what to expect for their Independent Medical Examination for their work comp case. Here are some general facts about IMEs in PA Work Comp cases: -The insurer can send you for an IME in Pennsylvania every 6 months. (there are some exceptions) -An IME in a Pennsylvania Work […]

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    Answers To Questions About Pennsylvania Work Comp Setttlements

    posted in |PA Workers’ Compensation

    by Michael Cardamone | October 3, 2010

    https://www.avvo.com/legal-guides/ugc/information-about-pennsylvania-work-comp-settlements-   PA Workmens Comp Settlements Info

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    RSD or Complex Regional Pain Syndrome Lawyer

    posted in |PA Workers’ Compensation

    by Michael Cardamone | September 21, 2010

    If you have RSD or Complex Regional Pain Syndrome, call Philly Lawyer Michael Cardamone to discuss which doctors may be best equipped to treat you, or to discuss your legal matters. These are serious diagnoses that require an experienced opinion. Having deposed the top RSD doctors in Pennsylvania, Attorney Cardamone knows the difficult nature of […]

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    Can An Injured Worker In Pennsylvania Receive Unemployment Compensation While Out Of Work Due To A Work Injury?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | September 16, 2010

    Yes. If the worker is able and available to work, but not working due to a necessitous and compelling reason, then she is eligible. If an injured worker is totally disabled from working, they won’t be deemed “able and available to work”.  Someone with restrictions, however, should qualify. A work injury is a necessitous and […]

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    If My Claim For Workers Comp Was Denied, What Do I Do Next?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | August 31, 2010

    Call experienced PA Work Comp Lawyer Michael W. Cardamone for a free and prompt consult at 215-206-9068. We can file a Petition on your behalf and pursue the benefits you are entitled to. Do NOT let the insurer have the last word. They often deny claims for no reason whatsoever. There are time limits, so […]

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    Must I Dress Up When Attending a PA Work Comp Hearing?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | August 31, 2010

    You should look respectful to the Court, and not wear t-shirts, jeans, tank tops, shorts, or sandals. On the other hand, it is not necessary to wear a suit or dress. Just use your common sense and look appropriate. For free consults regarding Pennsylvania Work Comp cases, call PA Workplace Injury Attorney Michael W. Cardamone […]

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    Will The Judge Ask Me Questions At My PA Workmens Comp Hearing?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | August 31, 2010

    Sometimes yes, sometimes no. Depends on the Judge and the nature of the petitions that brought you into court. Of course, if the Judge speaks to you, be courteous and responsive. It is proper to call the Judge, “Your Honor”. For more info about PA Work Comp Judges, call PA Work Comp Lawyer, Michael W. […]

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    How Often Can The Insurance Company Do An IME On Me In Pennsylvania?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | August 1, 2010

    Every 6 months. Some insurers, however, lose track of a file and wait much longer. Generally, more than 1 in 6 months is not reasonable or accepted, unless the IME is targeting injuries that requires different specialists. For more information about Independent Medical Exams in Pennsylvania, call experienced PA work comp lawyer Michael W. Cardamone […]

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    If I Was Injured In Pennsylvania, But Living In Another State, Can I Get PA Work Comp Benefits?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | August 1, 2010

    Yes. So long as your injury took place in Pennsylvania, you can pursue work comp benefits here. For more on this topic, call experienced Philly Workmens Comp Attorney Michael W. Cardamone for a free consult at 215-206-9068 or email Michael@cardamonelaw.com

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    How Long Will My Workers’ Comp Case Take Until It’s Over?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | August 1, 2010

    It depends. Some cases resolve quickly and others take years to resolve. Some people go back to work and others cannot work or their employer cannot accommodate their restrictions. Some cases end up in court with years of litigation on many different issues, and other cases settle fast. Each case is unique despite a natural […]

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    Will I Get Fired From My Job If I Pursue Work Comp Benefits?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | August 1, 2010

    You could be, but it is considered discrimination and grounds for a potentially large case. Many employers will try to terminate injured workers, but they are smart enough to look for “other reasons” besides the work injury in doing so. For example, if you are late to work, or if there is an economic downturn, […]

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    If I Am Injured On My Way To Or From Work, Can I Pursue Work Comp Benefits?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | August 1, 2010

    If you are simply commuting, then the answer is no. However, if your employer requested you to do a specific task on your way to or from work, and you are injured while doing so (ie, car accident), then you may pursue work comp benefits as you would be “in the course and scope of […]

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    What Does A Workers Comp Courtroom Look Like?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | July 22, 2010

    Generally, it is a small room with a desk for the Judge, and two tables for the litigants/parties- one table for the injured worker and/or counsel, and one table for the insurance company’s counsel. There are usually some chairs for others to watch, as they await their case to be called. Some work comp judges […]

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    Will My Doctor Have To Testify For My PA Workmans Comp Case?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | July 17, 2010

    It depends. If your PA work comp lawyer files a Petition for benefits- called a Claim Petition, and if the claim is for 52 weeks or more of wage loss, then he or she will usually take the deposition of your treating physician- assuming that the physician supports the work-relatedness of your condition. Likewise, if […]

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    PA Work Comp Settlement Info

    posted in |PA Workers’ Compensation

    by Michael Cardamone | July 9, 2010

    What happens at a Pennsylvania Worker Comp Settlement? The injured worker meets with his or her attorney to go over the settlement agreement, called a Compromise and Release. The papers are signed. The parties wait around for the Judge to call their case. Once called, the injured worker testifies. The lawyer will ask simple questions […]

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    How Do I Know If My Claim Was Accepted In PA Work Comp?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | June 16, 2010

    A key document is called a Notice of Compensation Payable. Another document is called a Temporary Notice of Compensation Payable. These are called “bureau documents”. You need an experienced worker comp lawyer to review your case to see if either of these documents were filed, and if so, whether they contain accurate information. There are […]

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    PA Work Comp Lawyer, Michael W. Cardamone, Wins Case For Injured Worker Against Big Car Dealer

    posted in |PA Workers’ Compensation

    by Michael Cardamone | May 25, 2010

    Michael W. Cardamone- a Pennsylvania Work Comp Lawyer, out of Krasno Krasno & Onwudinjo, obtained a big victory for an injured worker this week after 10 months of litigation, including 2 expensive medical depositions. As a result, Cardamone’s client will receive two thirds of his wage loss from February 2009 through the present time, and […]

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    What Happens At A PA Workers Comp Hearing?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | May 17, 2010

    It depends. Sometimes, you will testify depending on the nature of the petition and the stage of the case. Sometimes, it is just a status hearing for the lawyers to attend. Sometimes, a witness from the Employer will testify. It is important to call your PA Workmans Comp Lawyer to find out what will be […]

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    Pennsylvania Black Lung and Workmens Comp

    posted in |PA Workers’ Compensation

    by Michael Cardamone | April 28, 2010

    https://www.npr.org/templates/story/story.php?storyId=126303910 When you need help with a Black Lung case, call PA Work Comp Lawyer Michael W. Cardamone at 215-206-9068 or email Michael@cardamonelaw.com for a free consult. www.MyPhillyWorkersComp.com

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    Can Workmans Comp Spy On Me?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | April 10, 2010

    Yes. And they do this in many cases. They hire investigators to sit outside your house or somewhere on your street- usually in a tinted windowed van. They are trying to determine if you are doing anything outside your medical restrictions. They cannot come onto your property but they can be on the street or […]

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    What Should I Do If My Doctor Says I Can’t Work But The IME Doctor Says I Can Work?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | March 26, 2010

    This is a judgment call. However, I generally advise clients to try the job per the IME doctor’s recommendations/restrictions (or lack thereof). If you at least try a job for even one day, it shows good faith in trying to work. Yet in some situations, if you are in too much pain, or risk additional […]

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    If I Quit My Job, Can I Still Get Workmans Comp Checks?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | February 24, 2010

    The answer is usually no unless you can establish that your injury forced you to resign/quit. But generally speaking, a voluntary withdrawal from the labor market will make it very difficult to seek additional wage loss benefits under the Pennsylvania Workers Comp Law. Before quitting or resigning, or applying for social security retirement benefits, please […]

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    Best Workmans Comp Lawyer Philadelphia

    posted in |PA Workers’ Compensation

    by Michael Cardamone | February 24, 2010

    The best workmans comp lawyer is someone who listens to you, who knows the law, who knows the judges, who knows how to get results. The best work comp lawyer in Philadelphia, or Pennsylvania, or anywhere, is someone that not only has the attributes above, but also someone that respects you, and someone you can […]

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    10 Secrets About Your Pennsylvania Workmans Comp Case

    posted in |PA Workers’ Compensation

    by Michael Cardamone | January 31, 2010

    1) Use a lawyer! Your odds at a fair settlement, or winning your case, will increase dramatically. 2) Your employer will likely try to fire you after you report your work injury so be careful and follow all their rules- within reason. If you are fired, you can still pursue work comp benefits, depending on […]

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    If I Re-Injure My Back On The Job, Can I File A Workmans Comp Claim in Pennsylvania?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | January 27, 2010

    Yes. An aggravation of a pre-existing condition is a compensable injury in Pennsylvania Workers Compensation. You will need medical evidence to establish that your prior injury/condition worsened as a result of the work place injury/incident/activity. This also applies, of course, to other body parts and injuries. Inevitably, the employer and work comp insurer will try […]

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    Need A Great Car Accident Lawyer in Philadelphia? Call Cardamone!

    posted in |PA Workers’ Compensation

    by Michael Cardamone | January 11, 2010

    The Pennsylvania Department of Transportation published a report that stated that there were 10,108 car accidents reported in the Philadelphia County in the year 2020. That is, the highest reported car accidents in any of the counties in Pennsylvania. Auto accidents are common in Philadelphia County and if you have ever been in a car […]

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    Pennsylvania Workers Comp Appeals

    posted in |PA Workers’ Compensation

    by Michael Cardamone | January 8, 2010

    When you want to appeal a Decision from a PA Work Comp Judge, call Attorney Michael Cardamone for a review of your case. He won’t promise to take your case and appeal the Decision, but he will review your Decision and give you his own analysis as to whether an appeal is worthwhile. Generally speaking, […]

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    Chronic Pain and Relationships- CNN Article- CLICK HERE

    posted in |PA Workers’ Compensation

    by Michael Cardamone | December 30, 2009

    Image Source: pexels/Markus Winkler

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    Pennsylvania Workers Comp Settlement Information

    posted in |PA Workers’ Compensation

    by Michael Cardamone | December 29, 2009

    Pennsylvania Workers Comp Lawyer Michael W. Cardamone of The Cardamone Law Firm settled cases totaling $350,000.00 the week of December 21, 2009. For a free analysis of your case, call an experienced and dedicated PA Work Comp Lawyer at 215.206.9068. Or Email: Michael@cardamonelaw.com https://www.myphillyworkerscomp.com The Cardamone Law Firm- The Firm For Injured Workers In Pennsylvania

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    Cardamone Defeats Termination Petition

    posted in |PA Workers’ Compensation

    by Michael Cardamone | December 7, 2009

    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 […]

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    Experienced Philadelphia Lawyer and RSD

    posted in |PA Workers’ Compensation

    by Michael Cardamone | December 4, 2009

    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. Work Comp Lawyers In Philadelphia RSD can spread to different body parts. It […]

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

    posted in |PA Workers’ Compensation

    by Michael Cardamone | October 12, 2009

    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 […]

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

    posted in |PA Workers’ Compensation

    by Michael Cardamone | October 7, 2009

    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 […]

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

    posted in |PA Workers’ Compensation

    by Michael Cardamone | September 10, 2009

    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 […]

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

    posted in |PA Workers’ Compensation

    by Michael Cardamone | September 3, 2009

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

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    Best Lawyer For Workers Compensation Case in Pennsylvania

    posted in |PA Workers’ Compensation

    by Michael Cardamone | August 24, 2009

    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 […]

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

    posted in |PA Workers’ Compensation

    by Michael Cardamone | August 4, 2009

    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. […]

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    What Is Difference Between Workers Comp and Social Security Disability?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | August 4, 2009

    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 […]

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    PA Work Comp Settlements

    posted in |PA Workers’ Compensation

    by Michael Cardamone | July 16, 2009

    PA Workmans Comp Settlements 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 […]

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    Impairment Rating Evaluation- Pennsylvania Workers Comp

    posted in |PA Workers’ Compensation

    by Michael Cardamone | July 1, 2009

    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 […]

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

    posted in |PA Workers’ Compensation

    by Michael Cardamone | June 9, 2009

    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 […]

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

    posted in |PA Workers’ Compensation

    by Michael Cardamone | May 19, 2009

    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. […]

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

    posted in |PA Workers’ Compensation

    by Michael Cardamone | May 19, 2009

    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 Michael@cardamonelaw.com for a free consult. Michael W. CardamoneVoted PA Super LawyerMyPhillyWorkersComp.com

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    Can I Get Reimbursed For Miles Traveled to an IME?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | May 19, 2009

    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. Image Source: pexels/Peter Fazekas Free Consults 7 days a […]

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    Utilization Review PA Work Comp

    posted in |PA Workers’ Compensation

    by Michael Cardamone | May 17, 2009

    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 […]

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    Cash Settlements PA Workmens Comp

    posted in |PA Workers’ Compensation

    by Michael Cardamone | May 14, 2009

    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 […]

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    What Is A Labor Market Survey in PA Workmans Comp?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | May 4, 2009

    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. […]

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    Can I Get Workmans Comp If I am Laid Off?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | April 3, 2009

    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 215-206-9068https://www.pa-workinjury.com/ Voted PA Super Lawyer in Workers’ Compensation Fighting For Injured Workers In PennsylvaniaMichael@cardamonelaw.com Free […]

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    Who Gets Injured In Pennsylvania?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | March 14, 2009

    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 Michael@cardamonelaw.com […]

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    Do I Need A Workmens Comp Lawyer If I Am Already Receiving Checks?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | February 22, 2009

    Yes. Now, more than ever, you need the professional oversight of your case to make sure that the insurance company doesn’t stop your check. In these hard times, the last thing you need is an insurer trying to take your income away. If you are already receiving checks, you will not pay a work comp […]

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    Proving Occupational Disease Cases

    posted in |PA Workers’ Compensation

    by Michael Cardamone | February 9, 2009

    Good article from The New York Times discussing some of the causality difficulties with occupational disease claims. Image Source: pexels/cottonbro https://www.nytimes.com/2009/01/25/us/25toxic.html?_r=2&partner=rss&emc=rss

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    What Is Mediation In PA Work Comp?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | January 27, 2009

    A mediation is a meeting with you, your lawyer, the defense lawyer, and a neutral Judge, to help settle your case. A mediation can be mandatory- which is ordered by the Judge hearing your case- or voluntary, which is when both sides agree to it on their own. Mediations in Pennsylvania workers’ comp cases are […]

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    How Will A Lawyer Help My Workmans Comp Case

    posted in |PA Workers’ Compensation

    by Michael Cardamone | December 21, 2008

    Several reasons 1) You are very likely to get a much larger amount of money in your settlement than without one 2) Peace of mind that the insurance company is treating you fairly 3) Even if you are already receiving checks, by having an experienced work comp lawyer on your side, you will position your […]

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    If I Get Laid Off After a Work Injury, Can I Get Workmans Comp?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | November 19, 2008

    Depends. If you have medical restrictions relating to your work injury, then you will have a very good shot at getting wage loss benefits. However, if you are laid off while working full duty, then you will have a much more difficult time getting workers comp benefits in Pennsylvania. For a free and comprehensive analysis […]

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    Lost My Workers Comp Case in Pennsylvania- Can I Appeal?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | November 12, 2008

    Absolutely. You need to be careful about the timing of your appeal, and you want to make sure you have an attorney representing you, to maximize your chances. It is not easy to overturn a Decision from a Workers’ Compensation Judge in Pennsylvania, because it is solely within the WCJ’s discretion to fact find, and […]

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    My Supersedeas Was Denied- What Does That Mean?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | September 29, 2008

    It means you will keep getting your indemnity (wage loss) checks- and this, of course, is a good thing. If Supersedeas is granted, your checks will stop. In either case, you need an experienced workers comp lawyer to assist you- and to maximize your settlement. For more information about Supersedeas, please feel free to call […]

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    I Lost My Workers’ Comp Case- Can I Appeal?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | September 29, 2008

    Absolutely. However, it is not easy to overturn a decision in Pa work comp. And, make sure you have an experienced workers comp lawyer like myself handling the appeal, the oral and written argument, etc. It can get complex. There are strict timelines you must follow also for filing an appeal to the WCAB. Please […]

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    Can I Get Reimbursed For Miles To IME?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | September 29, 2008

    Yes. The insurer can have arrangements to transport you to and from the IME appointment, or alternatively, if you drive yourself, they will reimburse you for the miles. Image Source: pexels/Aleksandr Gorlov If you have more questions about IME in Pennsylvania, please feel free to call or email me 7 days a week 215-206-9068Michael@cardamonelaw.com Michael […]

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    How Long Does My Employer Have to Accept or Deny My Claim?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | September 11, 2008

    Once you give notice of your injury, the employer has twenty-one days to accept, deny, or temporarily accept your claim. Many employers/insurers in Pennsylvania, however, do not file anything. This gives you a right to file a Penalty Petition for violating the Act. If you have questions about your case, feel free to call me […]

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    Information About Workers Comp In Pennsylvania

    posted in |PA Workers’ Compensation

    by Michael Cardamone | September 11, 2008

    When you need information about workers comp in PA, call Michael W. Cardamone, Esquire at 215-206-9068 for a free and immediate consult. I have almost a decade of experience and know how to maximize a case for injured workers in Pennsylvania. Email Michael@cardamonelaw.com Michael W. CardamoneThe Injured Workers LawyerFighting For Injured Workers In Pennsylvania MyPhillyWorkersComp.com […]

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    Settlement Amounts For Pennsylvania Workers’ Comp

    posted in |PA Workers’ Compensation

    by Michael Cardamone | August 15, 2008

    Here are some recent settlements I have negotiated on behalf of injured workers in Pennsylvania: -110,000.00 in a case involving a low back injury -100,000.00 in a case involving a permanently damaged shoulder -100,000.00 in a case involving a torn rotator cuff Remember: every workers comp case in Pennsylvania is unique. The settlement amount for […]

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    Will My Past Injuries And Treatment Become Relevant In My Workers’ Comp Case?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | July 29, 2008

    Yes, very relevant. Once you file a claim, your prior medical history becomes fair game. The defense attorney has the right to obtain your prior treatment records to determine what, if any, prior similar injuries you may have had. This obviously becomes relevant when the doctors have to render their opinion on causation- ie, whether […]

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    Why The Legal Profession Is The Greatest Profession In The World

    posted in |PA Workers’ Compensation

    by Michael Cardamone | July 23, 2008

    I submitted the below article to the ABA as part of a contest. Although I didn’t win, I thought it would be nice to share it here- even if it doesn’t directly relate to my workers’ compensation practice…….. The legal profession is the greatest profession in the world because the world is not able to […]

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    My Workers’ Comp Checks Keep Coming Late- Can I Do Anything About This?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | July 20, 2008

    Yes, call me and I will file the appropriate petition seeking payment of the amount due, plus a penalty, and interest, along with attorneys’ fees. No insurer is perfect and sometimes the checks, which are often on an automated pay system, can fall off cycle. However, if the checks repeatedly come late, giving you no […]

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    When Should I Settle My Workers Comp Case?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | June 24, 2008

    Whenever the insurer is ready, willing, and able to offer you a sensible deal. Make sure you have an experienced workers’ compensation handling the negotiations- you will make more money! It will also give you peace of mind knowing that the insurer gave you fair value for your claim. Settling your workers comp case is […]

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    What Does Supersedeas Mean in Pennsylvania Workers’ Compensation Cases?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | June 8, 2008

    It is a request by the insurance company to cut off/supersede your indemnity (wage loss) benefits. You may see a Supersedeas request when a Termination/Modification/Suspension Petition is filed against you. If you are not receiving wage loss benefits, then there is nothing to supersede so Supersedeas doesn’t apply. Supersedeas is a really important matter if […]

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    Can I Get Social Security While On Workers’ Comp?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | May 26, 2008

    Yes. With respect to Social Security Old Age Benefits, if you were already receiving such benefits before the work injury, then there is no offset. However, if you started receiving old age benefits after the work injury, then the workers’ comp insurer is entitled to a 50% offset of your wage loss benefits. With respect […]

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    Can I Be Fired For Filing A Workers’ Comp Claim?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | May 22, 2008

    No. Employers are not permitted to retaliate against an injured worker by firing them. An employer is also forbidden from firing an employee based on their religion, sex, sexual orientation, race, or age. If you feel you have been discriminated against by your employer in Pennsylvania, please contact me for an analysis of your case. […]

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    How Do I Settle My Workers’ Comp Case For A Lump Sum?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | May 6, 2008

    Call an experienced workers’ comp lawyer like myself to handle this. You will net more money with an experienced workers’ compensation lawyer handling the negotiations- even accounting for the 20% fee. Most insurers will want to talk settlement. Do not do this by yourself- they will take advantage of you and offer you less than […]

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    Petitions in Pennsylvania Workers Comp Cases

    posted in |PA Workers’ Compensation

    by Michael Cardamone | April 21, 2008

    What is a Petition to Terminate Benefits in Pennsylvania Work Comp -This is when the insurance company seeks to have your wage loss and medical benefits terminated for good. They can only pursue this if the IME doctor or your own doctor has issued an opinion that you are “fully recovered” from your work injury. […]

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    What Is An Independent Medical Exam In Pennsylvania Workers Comp?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | April 7, 2008

    Why does an injured worker in Pennsylvania have to go to an IME doctor- that is, a doctor hired by the workers’ comp insurance company? Well, because the Pennsylvania Workers’ Compensation Act allows for it. An independent medical exam in Pennsylvania every 6 months is reasonable. IME doctors are hired by the insurance company and […]

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    If I Get Fired From My Job, Is My Workers’ Comp Case Over Too?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | March 8, 2008

    Not necessarily. If you are fired for wilful misconduct, then your case is in trouble. However, if you have some kind of work-related restrictions and you are laid off, or fired for economic reasons, then your wage loss benefits continue. It simply depends on the circumstances of your case. Many employers will try to set […]

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    Key Elements To A Successful Workers’ Compensation Claim In Pennsylvania

    posted in |PA Workers’ Compensation

    by Michael Cardamone | February 26, 2008

    1) Hire an experienced workers’ comp lawyer right away (Michael Cardamone, Esquire- 215.206.9068) 2) Reporting the injury immediately to a supervisor 3) Following company guidelines regarding panel physicians 4) Giving a complete and accurate history to your doctors as to how and when the injury occurred 5) Trying, in good faith, to attempt any light […]

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    Is There A Judge Or Jury In A Pennsylvania Workers’ Comp Case?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | February 15, 2008

    There are no jury trials for workers’ compensation cases in Pennsylvania. The cases are heard before a Workers’ Compensation Judge- formerly called “Referees”. The Workers’ Compensation Judges are fair-minded and objective. Now, of course, each judge has their own personality and experiences and opinions about things, so they are not identical. And, some have a […]

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    I Got A Hearing Notice For My Case- Do I Have To Attend?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | February 8, 2008

    As a default, you should always prepare to attend a hearing in your case. Sometimes, however, the hearings are simply for the attorneys to speak with the Judge or to submit some evidence. It just depends on what the nature of the petition is, and what stage the case is at. You want to speak […]

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    Can I Apply For Social Security Disability If I Receive Workers’ Comp Benefits?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | February 8, 2008

    Yes. However, this can sometimes delay settlement of your work comp case if Medicare approval is needed – which applies in certain circumstances. For a free analysis of your case, please call me at 215.206.9068 or email Michael@cardamonelaw.com Michael Cardamone Fighting For Injured Workers In Pennsylvania

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    I Only See My Doctor Once Or Twice Per Year- Will That Hurt My Case?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | February 8, 2008

    It depends. I know, this is a typical lawyer answer, but it’s true. If your claim was denied and you are in court litigating a Claim Petition, then the more treatment, the better- generally speaking. Image Source: pexels/SHVETS production If you are already receiving benefits and you’re at what’s called “Maximum Medical Improvement” which means […]

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    FAQ: I Have Outstanding Medical Bills That PA Work Comp Is Denying – What Should I Do?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | February 8, 2008

    One of the hardest parts of dealing with an injury is navigating through the medical bill – an extra expense on top of all the mental and physical strain. In most cases, PA workers compensation act offers a great relief in the form of coverage for reasonable and necessary treatment of the injury. However, it […]

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    Should I Be Nice To The IME Doctor Even Though He Or She Was Hired By The Insurance Company?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | February 8, 2008

    Yes. Always be polite with any doctor, even if it’s the IME doctor who was hired by the workers comp insurance company. The IME doctor is likely to disagree with some aspects of your treating doctors’ recommendations and opinions, but being nice and having a cooperative attitude can go a long way. Image Source: pexels/fauxels […]

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    I’m An Injured Worker In Pennsylvania- How Long Will My Case Last?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | February 7, 2008

    It really depends. If you are totally disabled from working, your case can go on indefinitely unless you reach a settlement with the insurance company. (never do this alone b/c you will get taken to the cleaners). Most cases will settle at some point. Every case is different so there is no bright line rule […]

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    Common Mistakes By Injured Workers

    posted in |PA Workers’ Compensation

    by Michael Cardamone | February 4, 2008

    Here is a list of some things which can hurt your workers’ comp case: 1) Exagerrating your condition. Never do this. Many injured workers are quite anxious to explain everything they’ve been through to the Judge or a Doctor- however, exagerrating can really harm your case. 2) Failing to communicate with your attorney. Communication is […]

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    I’ve Been Injured At Work In Pennsylvania- Can I Get Pain And Suffering Damages As Part of My Work Comp Case?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | January 31, 2008

    No. You are entitled to 1) two thirds of your wage loss and 2) payment of reasonable, necessary and related medical bills- in addition to reimbursement for any out of pocket payments for medical treatment so long as you have receipts and information to support the charges. Workers Comp is a “no fault” system which […]

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    I Want To Settle My Work Comp Case- How Do I Accomplish That?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | January 28, 2008

    Call me and let me negotiate a good settlement for you. Do not do this on your own- you won’t get the kind of money your case is worth unless you have an experienced workers comp lawyer handling it for you. Your claims rep/adjustor is hoping you’ll make the mistake of doing it on your […]

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    How To Be More Effective When Seeing Your Doctor

    posted in |PA Workers’ Compensation

    by Michael Cardamone | January 26, 2008

    CNN article about how to be more effective when seeing your doctor. Wanted to pass it along: Image Source: pixabay/valelopardo https://www.cnn.com/2008/HEALTH/01/23/ep.obnoxious/index.html

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    I’m An Injured Worker In Pennsylvania- How Much Is My Case Worth?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | January 22, 2008

    The value of your case depends on many factors. Each case is unique so be careful not to compare your case with a friend, co-worker, or neighbor’s case. Some of the factors include: 1) Your average weekly wage leading up to the work injury 2) The severity of your injury 3) Whether your employer can […]

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    Can I Go Back To Work If I Am Receiving Workers’ Comp Checks?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | January 12, 2008

    Yes. You should speak to your attorney, however, before doing this. Once you return to work, the insurer will reduce your workers’ comp checks accordingly. Sometimes, if you want to settle your case, it makes more sense to hold off on returning to employment. Just remember, if you are working and receiving work comp checks, […]

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    When Will My Workers’ Compensation Checks Stop?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | December 29, 2007

    There are several scenarios for when the insurance company can stop sending you your wage loss checks. If you settle your case for a lump sum of money, then your checks will stop after the settlement hearing. Or, if the insurance company sends you LIBC forms asking you about your physical condition and whether you […]

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    Is The Workers Comp Insurance Company On My Side?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | December 20, 2007

    No! There is a direct conflict of interest between what you want and what they want. You, as the injured worker in Pennsylvania, simply want to obtain the benefits afforded to you by law- wage loss benefits and medical benefits. More importantly, you want to get better. On the other hand, the insurance company wants […]

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    Do I Have to Treat With My Employer’s Panel Physicians During The First 90 Days After My Injury?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | December 18, 2007

    Workplace injuries happen all the time. Injured workers not just struggle with the mental and physical strain of the injuries but also with the monetary distress these injuries ensue. On top of that, contesting a workers’ compensation case could be a lot. That’s why you need a trusted workers’ compensation lawyer to help you share […]

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    If My Workers Comp Claim Gets Denied, What Should I Do Next?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | December 7, 2007

    Call a workers’ compensation lawyer right away. You’ll need a Claim Petition filed and the sooner the better. You have 3 years from the date of the work injury or from the date you first learned that your condition could be related to work. Don’t hesitate, however, because your claim will be stronger if filed […]

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    Does The Insurance Company Have The Right To Obtain My Medical Records?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | December 7, 2007

    Generally, yes. Once you put your physical condition at issue whether by filing a workers’ comp claim, a personal injury lawsuit or a medical malpractice claim, your medical records are fair game. You lose any right to privacy because the insurance companies and their attorney have the right to determine what conditions you may have […]

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    CNN Story On How Insurance Companies Make Money By Denying Or Fighting Your Claim

    posted in |PA Workers’ Compensation

    by Michael Cardamone | November 26, 2007

    Here is a link to the CNN story on you tube. I see this every week in my representation of injured workers in Pennsylvania – legitimate claims that are denied. While you are suffering without pay and mounting medical bills, the insurers are getting rich investing the money that should be in your pocket. Absolutely […]

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    I Received These Forms In The Mail From The Insurance Company Asking Me About My Work Status and Physical Condition- Do I Have To Fill Them Out?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | November 19, 2007

    Yes. These are LIBC forms and the insurers send them out from time to time to inquire about your working status and physical condition. If you fail to fill out and return these forms within 30 days, your benefits may be suspended. The insurance companies have a right to know if you are working because […]

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    My Injury Was Described As A Strain/Sprain- But It’s More Than That- What Should I Do?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | November 4, 2007

    Call me! Work injuries are often minimized on the Notice of Compensation Payable document. An insurer only has 21 days to accept or deny a claim once notice is given by the injured worker in Pennsylvania. Consequently, the description of the injury is often a “sprain/strain”. Of course, an insurer is not going to voluntarily […]

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    My Employer Isn’t Complying With My Light Duty Work Restrictions- What Should I Do?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | October 21, 2007

    I hear this question at least one time virtually every single week. The injured worker in Pennsylvania receives restrictions from either his or her treating physician, or from the IME physician. She then returns to work b/c the employer alleges that they have work available within the restrictions. The injured worker returns to work, but […]

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    What Are Some Examples Of Common Types Of Pennsylvania Work Injuries?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | October 10, 2007

    There are many types of work injuries I see in practice, some of which include: back injuries (ie, herniated disc, aggravation of prior back injury, sprain, etc)rotator cuff tearscarpal tunnel syndrometorn lateral or medial meniscustendonitissprains, strainshearing lossloss of visionneck injuries (ie, herniation, cervical radiculapathy,)RSD (aka “complex regional pain syndrome”)headachesmental/psychological injuries The list goes on and […]

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    Can I Get Reimbursed For My Out Of Pocket Expenses Like Co-Pays and Prescription Medicine Costs?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | October 6, 2007

    Yes, if you have adequate proof that you incurred such expenses, have receipts/cancelled checks/documentation, and can show that the expenses relate to your accepted work injury. Employers often defend these claims, holding that Claimant didn’t present enough evidence linking the receipts with the accepted injury. The Pennsylvania Workers’ Compensation Act has technical requirements on many […]

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    My Pennsylvania Workmans Comp Claim Was Denied- Am I Out of Luck?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | September 26, 2007

    Absolutely not. Many insurers will deny claims under the Pennsylvania Workers’ Compensation Act for various reasons- some good, some bad. Regardlesss, you should immediately call a workers’ compensation attorney so that he or she can file a Claim Petition on your behalf. The insurers/employers are hoping that by denying your claim, you will give up. […]

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    My Work Comp Case Is Still Being Litigated- I Am Broke- Should I Apply for Unemployment Compensation?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | September 25, 2007

    Yes. You should apply and you will be accepted under certain conditions. Call me for a full analysis of your case. There will be a credit for the Employer if you obtain UC benefits. You may reach me at (215) 206-9068. Michael W. Cardamone- Pennsylvania Workers Comp Lawyer For Injured Workers

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    I’ve Been Injured In A Pennsylvania Motor Vehicle Accident While Working- Do I Have Two Cases?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | September 15, 2007

    Yes, if the accident was caused by the negligence of the other driver (s). You may bring a personal injury (third party) suit against the driver who caused the accident, in addition to a Pennsylvania workers’ compensation claim against your employer. Image Source: pexels/Dominika Kwiatkowska The personal injury suit involves negligence (ie, fault) whereas your […]

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    My Check Is Late? What Should I Do?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | September 8, 2007

    Call your workers’ compensation lawyer. He or she will file a Penalty Petition and assert that the Defendant has violated the Pennsylvania Workers’ Compensation Act by failing to pay your indemnity (wage loss) benefits in a timely fashion. If not amicably resolved, the Judge will issue a Decision once the evidence is submitted (usually, this […]

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    Pennsylvania Workers’ Compensation Mediation Process

    posted in |PA Workers’ Compensation

    by Michael Cardamone | September 3, 2007

    You want to settle your case, but the insurance company isn’t offering enough money. What do you do? Well, one option is mediation- a meeting with a Workers’ Compensation Judge, the defense attorney, your attorney, and a representative from the insurance company (either live or via telephone), in an attempt to bridge the gap between […]

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    Labor Market Surveys Under the Pennsylvania Workers’ Compensation Act

    posted in |PA Workers’ Compensation

    by Michael Cardamone | August 5, 2007

    Labor Market Surveys in Pennsylvania serve as a tool for insurers to modify or suspend an injured worker’s wage loss benefits, by proferring evidence that the worker has an earning power, based upon identified jobs in the local marketplace that allegedly fall within the worker’s physical and vocational capabilities. Unlike the prior Kachinski standard, wherein […]

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    Does Full Duty Release Mean Full Recovery?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | July 6, 2007

    Not always. My take is that a claimant may be released to full duty by their doctor, but this doesn’t equate to being symptom free. Being able to perform one’s job without medical restrictions imposed by a treating doctor does not mean they won’t experience pain or soreness or stiffness when engaging in the job. […]

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    Pennsylvania Workers’ Compensation- Co-Worker Retaliation

    posted in |PA Workers’ Compensation

    by Michael Cardamone | June 7, 2007

    An injured worker in Pennsylvania (and I’m sure every other state) will often suffer from angry, disgruntled, cynical, co-worker retaliation. This happens for a myriad of reasons. Sometimes, the co-workers do not believe that the injured worker is really hurt. Sometimes, the co-workers have to take up the slack for the loss in productivity arising […]

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    Pennsylvania Compromise and Release Agreement

    posted in |PA Workers’ Compensation

    by Michael Cardamone | May 9, 2007

    This is the text of my article which was just published in the Legal Intelligencer- Our Nation’s Oldest Legal Journal. The Pennsylvania Compromise & Release Agreement- May The Witness Be Excused? The Legal Intelligencer By Michael W. Cardamone Black’s Law Dictionary defines the term witness as: “In general, one who, being present, personally sees or […]

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    Level Playing Field In Pennsylvania Workers’ Comp

    posted in |PA Workers’ Compensation

    by Michael Cardamone | May 1, 2007

    In the vast majority of cases, an injured worker in Pennsylvania does not pay any up front legal fees. Instead, if his attorney recovers wage loss benefits, then the attorney is awarded a 20% fee by the presiding Pennsylvania WCJ (workers’ compensation judge). This levels the playing field for injured workers in Pennsylvania by allowing […]

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    Medical Bills- How To Get Paid In Pennsylvania When Treating A Workers’ Comp Patient

    posted in |PA Workers’ Compensation

    by Michael Cardamone | April 15, 2007

    I represent injured workers in Pennsylvania. In addition, I represent doctors and other medical providers, in getting their medical bills paid by the work comp insurers. The Pennsylvania Workers’ Compensation Act has specific requirements that must be met in order for work-related medical treatment to be paid by an insurer. The following will explain these […]

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    Family and Medical Leave Act- 29 U.S.C. 2601 et. seq.

    posted in |PA Workers’ Compensation

    by Michael Cardamone | March 28, 2007

    Many people have a vague familiarity with the Family and Medical Leave Act. It is an important and useful tool that many employees can take advantage of, and something that is often overlooked by employees. I wanted to share with you the basics of FMLA. Feel free to share this information with friends or family […]

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    Late Wage Loss Checks- What is a Good Excuse?

    posted in |PA Workers’ Compensation

    by Michael Cardamone | March 22, 2007

    Every week, I receive at least one call from a client who failed to receive his or her indemnity (wage loss) check on time. With a large number of files, an insurance company adjustor can be overloaded with work. In turn, things can fall off cycle pretty easily. As soon as I hear this news […]

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    Independent Medical Examiners Versus Treating Physicians- Striking a Balance

    posted in |PA Workers’ Compensation

    by Michael Cardamone | March 18, 2007

    In just about every workers’ compensation claim in Pennsylvania, a Claimant will be examined by an “Independent Medical Examiner”. As most practitioners know, these examiners are not “independent”. Instead, they are hired by the insurance companies/employers. An insurance company is permitted, under the Pennsylvania Workers’ Compensation Act, to have a Claimant examined by an IME […]

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    Cynicism Towards Injured Workers- A Perspective from a Work Comp Attorney in Pennsylvania

    posted in |PA Workers’ Compensation

    by Michael Cardamone | March 17, 2007

    Image Source: pexels/Alex Green As a workers’ compensation attorney in Philadelphia for the past 8 years or so, I have witnessed tremendous cynicism from society. It is directed at the injured worker. It stems from a lack of understanding, and I believe, from a media that highlights the negative aspects of our judicial system. Virtually […]

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