Author Archives: Brad Pinzur
Social Security Disability Duration Requirement Strictly Interpreted for Pennsylvania Claimants
Meeting the duration requirement under the Social Security Disability Act requires that claimants seeking disability benefits prove their severe medical impairment has lasted, or will last, 12 months or longer. Those conditions that are fatal would also meet the duration requirement. This “duration” provision is interpreted strictly by the Social Security Administration, and for… Read More »
Seeking Medical Treatment After a Work Injury in Pennsylvania
In their list of Frequently Asked Questions, the Pennsylvania Department of Labor and Industry makes clear that whether an employee has a choice of health care provider depends upon whether their employer has accepted their claim and posted in the workplace a list of providers. According to the Workers’ Compensation Act, Pennsylvania law requires… Read More »
Punitive Damages in Pennsylvania Awarded in Personal Injury Claims for Outrageous or Willful Conduct
Pennsylvania injury law provides for punitive damages in a personal injury lawsuit when the defendant’s conduct is “outrageous.” Determining whether conduct is outrageous requires a careful analysis. Additionally, the plaintiff in the personal injury claim should set forth material facts in their complaint that support allegations of willful or oppressive conduct. This requires showing… Read More »
Pennsylvania Workers’ Compensation Benefits for Loss of Limb
Serious work-related injuries can affect an individual’s ability to return to their employment and greatly affect their quality of life. While common, work injuries can be extremely serious and result in loss of limbs. The Pennsylvania Workers’ Compensation Act is designed to provide protections and benefits to employees hurt at work in an accident… Read More »
Pennsylvania ATV Accident Victims Have the Right to Pursue Compensation for Their Injuries
In the warm summer months, many people choose to go four-wheeling on ATVs, or all-terrain vehicles. As a leisure activity, driving ATVs is a popular pastime, but it does carry the risk of serious harm should a collision take place. Increasing safety among ATV drivers and riders is important, and Pennsylvania laws specifically address… Read More »
Older Adults at Higher Risk of Slip and Fall Injuries in Pennsylvania
When someone is negligent and causes harm to another person, they may be held liable. In most personal injury cases, the injured victim alleges negligence. Success for a plaintiff in a slip and fall case, for example, would require the injured victim to show that the property owner or manager had been negligent. It… Read More »
Evaluating Symptoms in Disability Claims for Individuals in Pennsylvania
Receiving treatment for symptoms that have rendered you unable to work is critical to a successful Social Security claim. When evaluating a potential disability, the first step is to examine whether there is a medically determinable impairment that can be expected to cause the symptoms at issue. The Social Security Administration has set forth… Read More »
Establish Your Entitlement to Social Security Disability Benefits for Irritable Bowel Syndrome, Colitis, and Crohn’s Disease
When suffering from a medical condition that renders you disabled and unable to work, you may be eligible for Social Security Disability benefits or monthly Supplemental Security Income benefits. Individuals with the conditions of Irritable Bowel Syndrome (IBS), Colitis, and Crohn’s Disease may be entitled to Social Security Disability benefits. Ensuring that a case… Read More »
Amusement Park Rides and Legal Fault for Injuries in Pennsylvania
Pennsylvania has more amusement park rides than any other state, and parks like Hershey and Kennywood attract residents and visitors from all over the nation. For family-friendly fun and excitement, people flock to the the carousels, roller coasters, and other attractions. While these rides scare and thrill, they can also lead to injuries. Many… Read More »
Workers’ Compensation Claimants in Pennsylvania Entitled to “Reasoned Decision” by Judge
Workers’ compensation judges make the ultimate determination on a witness’ credibility. When a decision has been appealed, Pennsylvania courts analyze whether there has been an error of law. A reviewing court cannot assess a determination of credibility. However, appellate courts in Pennsylvania may analyze whether there has been an error of law or whether… Read More »
