Close
No Recovery No Fee Guaranteed
The Official Partner of the American WorkerSM

Medical Evidence In Pennsylvania Workers’ Compensation

How do you win a Pennsylvania Workers’ Compensation case? By presenting compelling and credible medical evidence! This is the foundation for just about every successful case.

To win a case, you need to present unequivocal medical evidence. This doesn’t mean the medical expert needs to render an opinion with absolute certainty. (indeed, how many things in life are absolute anyway?) And yet if the expert opines that an injury “may be” work-related, that’s legally insufficient. The key is that the expert, looking at their opinions as a whole, and not just one sentence or expression, believes there to be a relationship. However, to fulfill the “reasonable degree of medical certainty” standard, an opinion of 51% probability of causation isn’t enough. (see Griffin vs. University of Pittsburgh Medical Center- Braddock Hospital, 950 A.2d 996 (Pa.Super. 2008)). As such, putting all of this together, what’s the real definition of “reasonable medical certainty”? In this attorney’s opinion, it means “the most likely cause”. That doesn’t mean the only conceivable cause- but the most likely, based on the history, examinations, records, etc. This defintition is stricter than a “more likely than not” standard which seems similar to the 51% concept, yet doesn’t go as far as “absolute certainty” which is not tenable.

The Courts will not look for magic words. In most cases, the Workers’ Compensation Lawyers will ask a medical expert, “Based on the examinations, the history taken from the claimant, and your review of the records in this case, what is your opinion, within a reasonable degree of medical certainty as to the cause of diagnoses X, Y, and Z?” Or, based on the same elements, what is your opinion as to whether the Claimant is fully recovered, or what treatment is needed, and what restrictions does Claimant have? There aren’t many depositions where the doctor is challenged to define “reasonable medical certainty”, but I believe it’s important for the medical experts to know this in case they are challenged on it. In PetSmart, Inc. vs. WCAB (Sauter), the Commonwealth Court of Pennsylvania held that a presumption that a condition was work-related, was not sufficient. It’s likely the Claimant’s attorney failed to discuss this topic with the doctor.

Be very careful to educate your medical expert about established facts. For example, if there is a legal Decision from a Work Comp Judge that found a herniated disc at L5-S1, and your doctor contradicts that, his or her opinion will be found to be incompetent. This is a case killer! In your pre-meet with the expert, go over this important concept so that on cross examination, they don’t get lured into contradicting the Judge’s findings.

Finally, make sure the expert reviews medical records from other providers. A medical expert may express an opinion based in part on the medical records/reports that are not part of the record, but upon which the expert customarily relies in the practice of the expert’s profession. (City of Philadelphia v. WCAB (Kriebel), 29 A.3d 762 (Pa. 2011)).

For more information about how to present medical evidence in a Pennsylvania Workers’ Compensation case, call or email a Philadelphia Workers’ Comp Lawyer 7 days a week at (215) 206-9068 and michael@cardamonelaw.com

Awards & Recognitions

Philadelphia workers comp lawyer
Philadelphia workmans comp lawyer
Bucks County workers comp lawyer
best workmans comp lawyer philadelphia
Philadelphia Workmans Comp Lawyer
Top 10 Attorneys Award Pennsylvania workers' comp lawyer
Philadelphia workmans comp lawyer
Philadelphia workers compensation lawyer
best bucks county workmans comp lawyer
Avvo Rating 10.0 Philadelphia workers' comp lawyer
Workmans comp lawyer
best workmans comp attorney
best Philly workmans comp lawyer
Bucks county workmans comp lawyer
best Philadelphia workmans comp lawyer

Cardamone Law Has Negotiated Some of the Largest Workers’ Comp Settlements in Pennsylvania

$6 Million
We Assisted Another Firm in Reaching Settlement
$2.2 Million
Spinal Injury
$897,000
Lower Back Injury
$650,000
Lower Back Injury
$550,000
Neck Injury
$425,000
Leg Injury
$375,000
Knee Injury
$325,000
Ankle Injury
& Hundreds More Cases
$6 Million
We Assisted Another Firm in Reaching Settlement
$2.2 Million
Spinal Injury
$897,000
Lower Back Injury
$650,000
Lower Back Injury
$550,000
Neck Injury
$425,000
Leg Injury
$375,000
Knee Injury
$325,000
Ankle Injury
& Hundreds More Cases

Client Testimonials

"Best Law Firm around!"

"Cardomone law is absolutely fantastic! They are very responsive and helpful and they will fight to get you what you deserve. Shirley is also very helpful whenever you have any questions! Best Law Firm around!"

- C. Edwards
Google Reviews
"Michael and Shirley are very dedicated...and getting the maximum amount favorable to my case"

"Cardamone Law Firm were very helpful to me since day one. Michael and Shirley are very dedicated to my case giving me updates, answering my questions, being honest with my case, and getting the maximum amount favorable to my case. Thank you so much for your service and dedication and helping me to achieve not only your case but to guide and refer me in other needs too! You guys are the best law firm friendly and dedicated. I will recommend to anyone."

- A. Ortiz
Google Reviews
"Michael won my workers comp case after my employer insurance denied my claim."

"Exceptional firm. Highly recommend this law firm. Michael won my Workers Comp case after my employer insurance denied my claim. Him and his staff were always at my reach for legal and emotional support. Am so happy I hire them. Thanks Michael and Ms. Shirley."

- Carlos P.
Google Reviews
"[They] did an excellent job in getting me financially compensated in a fairly short amount of time."

"I recently had a work related injury and was receiving Workers' Compensation (medical benefits only). Soon after I was fired, so I contacted Paul Silver at Cardamone Law Firm who did an excellent job in getting me financially compensated in a fairly short amount of time. Paul and his assistant Shirley always responded to any questions I had about the case in a very short amount of time. Thank you for helping me with this difficult case."

- Robin C.
Google Reviews
"Highly recommend."

"Cardamone Law was great with helping my husband with his Workers Comp issues. Mike and Shirley were the best with letting us know what was going on every step of the way. Highly recommend."

- Danielle P.
Google Reviews
"Mike Cardamone is amazing"

"Mike Cardamone is amazing. He is "hands down" one of the best lawyers I've ever had the privilege of knowing. He is very kind, understanding, knowledgeable in his field, always very thorough and helpful. He was extremely professional and someone who truly cares about his clients. I felt completely at ease with him. He was a pleasure to work with, explained everything in detail, as well as answered all my questions with knowledge and care. If you want someone you can trust, who communicates every step of the way, will fight for you and make sure you win your case, he is it! I will refer all my family and friends to him. Thank you so much Mike, for everything. I appreciate all your hard work and dedication in helping me."

- Allie M.
Google Reviews
Without a doubt YOU are the best!!!

"Without a doubt YOU are the best!!! Every person who is in the horrible position of being injured at work should have someone as kind, compassionate and knowledgeable as you on their side. You never once made me feel like I was one of a hundred other clients. I always knew you had my back! You answered calls and emails at all hours. You fought every fight for me so I only had to worry about getting well. Behind your nice, calm face there’s a pit bull ready to take on any employer or judge. I can never thank you enough."

- L. Edall
Google Reviews
"Best Workers' Comp Lawyer!"

"Michael is simply the best! He was there for me from day 1 till the end, and we won the case!! He is always available to help. I had a gazillion questions and he would answer them one by one. He's a great lawyer and I feel lucky to have found him online from reading other outstanding reviews about him. Believe me, they're true!"

- Faith B.
Google Reviews
"Great Attorney"

"Great attorney, handled case quickly and efficiently. I would recommend him and would use him again. He was always available to answer any questions we had. Thank you, Mr. Cardamone."

- H. Anderson
Google Reviews