Cardamone Law News

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Cardamone Successfully Defends Termination Petition On Behalf Of Injured Worker

posted in |Cardamone Law Firm

by Michael Cardamone | November 17, 2009

Michael W. Cardamone, Esquire has successfully defended a Petition to Terminate benefits on behalf of his client. The insurer argued that Cardamone’s client had fully recovered pursuant to an Independent Medical Examination. However, Cardamone deposed Claimant’s treating physician, who opined that Claimant was not fully recovered. Cardamone also presented the testimony of Claimant. Thousands of […]

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

posted in |Cases and Settlements

by Michael Cardamone | October 30, 2009

In Riddle v. WCAB, the Supreme Court of Pennsylvania has determined that when an employer pursues a Labor Market Survey under the Pennsylvania Workers’ Compensation Act, for non-residents, it “must focus its job availability analysis on the area where the injury occurred….” The Court found that the General Assembly defined the method for evaluating “earning […]

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

posted in |Cases and Settlements

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 […]

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 […]

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 […]