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Tag: Pennsylvania Work Comp Law

In a recent unreported Decision, the Commonwealth Court of Pennsylvania found in favor of the injured worker, who was not yet on the clock, and on her way to eat breakfast in an office building where she worked, when she tripped and fell and fractured her forearm and wrist. In Lombardi vs. WCAB (UPMC Health Plan, Inc. 208 CD 2020 (Unreported PA Comm. 2021), the Court applied the three-pronged test in Slaugenhaupt, to find that Claimant, a telephonic nurse case manager, was in the course of employment under 301 (c) (1) of the PA Work Comp Act when she was injured.

Claimant arrived 30 minutes for work in a building not owned by her Employer. She was on her way to the ground floor to get breakfast, to bring to her cubicle, when she tripped and fell, while approaching the escalator, fracturing her right forearm and wrist. The Work Comp Judge, in bifurcated proceedings (ie, the parties agreed that the Judge would first rule on this issue rather than litigating all issues together), found that Claimant was not in the course of employment. The Workers’ Compensation Appeal Board affirmed the Decision.

However, the Commonwealth Court wisely reversed. They first reminded us that there are two types of cases that are compensable under 301 (c) (1) of the Pennsylvania Workers’ Compensation Act- the first is when a claimant is actually enaged in the futherance of the employer’s business or affairs, on or off the employer’s premises. The second set of cases is where a claimant is not engaged in her work when injured. In these cases, the Court looks to the three factors from Slaugenhaupt: 1) Was Claimant on premises under the control of Employer, 2) Is Claimant required to be there by the nature of her employment, and 3) Did Claimant sustained injures due to a condition of the premises. (An employer’s premises under Section 301(c)(1) of the Act is not limited to property that the employer legally owns or controls; common areas in multi-unit office buildings may be considered part of an employer’s premises if they constitute a reasonable means of ingress to, or egress from, the workplace.) You must meet all three elements.

The Court went through each element and found Claimant satisfied them. 1) Ownership of the Steel Tower where she worked on the 37th floor didn’t matter. Where she was injured was a reasonable means of ingress and egress to the 37th Floor where her work would be done. 2) The injury occurred reasonably proximate to her work hours. She arrived 15 to 30 minute early and unlike some cases that Employer proffered, the Court distinguished the facts in this case, noting that arriving 15 to 30 minutes early was advancing Employer’s interests.  3) This element wasn’t challenged- it was clear that Claimant’s injury occurred due to a condition of the premises (this is a very liberal element and easy to meet in most cases).

Accordingly, the Court remanded the case back to the WCJ to make findings about whether the injury- now found to have been within the course and scope of her employment, caused disability, etc.

As attorneys representing injured workers, this is a good case, albeit unreported, as the Court applied the proper test, and reasoned through each element to come up with the proper result rather than following the faulty WCJ and WCAB analysis.

PA Workers’ Compensation Attorneys

 

 

 

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 the date of injury. The Statement will show your Average Weekly Wage and the Compensation Rate. The Compensation Rate is what you will get if you win, for each week you’re disabled due to the work injury.

If you were employed less than 52 weeks before the date of injury with the time of injury Employer, there are other methods of determining your average weekly wage and comp rate.

10% statutory interest is payable on back due payments unless otherwise forfeited.

For more info about your compensation rate or average weekly wage calculations in Pennsylvania Workers Comp case, call experienced Pennsylvania Workmens Comp Lawyer Michael W. Cardamone at 215-206-9068 or email Michael@cardamonelaw.com for a FREE consult 7 days a week.

Philadelphia Workmens Comp Lawyer

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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
$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

Client Testimonials

"Thank you from the bottom of my heart Mike and Shirley!!"

I called Shirley when I was scared and didn’t know what where my next dime was coming from after I was out with my work injury. Shirley was very kind and helpful guiding me every single step of the way. Mike was not your typical lawyer was not pushy but very responsive to all my gazillion questions. He helped me get my settlement quickly and settlement check in a very timely manner. Would recommend them to anyone! Mike helped calm all my fears and anxieties as I was trying to navigate one of the hardest and most stressful times in my life. Thank you from the bottom of my heart Mike and Shirley!!

- Jen Thompson
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"Tienes un equipo impresionante a pesar de ser una compañía pequeña, los resultados fueron excelentes!"

Yo le daría 10 estrellas en vez de 5 , Michael Cardamone es una persona genuina y un gran abogado, al principio de mi caso, yo estaba en la oscuridad y no sabia que pasos tendría que seguir porque Workers comp ,solo me cubría en esos momentos los beneficios medicos .Después, me eliminaron el puesto , no sabia como manejar mi situación (estaba con una cirugía y también sin trabajo,) grasias a Mike, el me dirigió por el camino correcto, me dieron una muy buena cantidad por mi caso. El fue muy comprensivo porque le hice muchas preguntas por email y siempre me las contesto a tiempo, brindando seguridad ,sabia que estaba en las manos correctas! Shirley y Francisco también fueron de gran ayuda con los recordatorios y servicios de traducción en Español. tienes un equipo impresionante a pesar de ser una compañía pequeña, los resultados fueron excelentes! se los recomiendo a todos. Muchas grasias Cardamone law!

- Marisol Rodriguez
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"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
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