Carpenter, McCadden & Lane, LLP

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Carpenter, McCadden & Lane, LLP football fans unite when it matters. Go,Birds! #eagles #football

?? Welcome Back, Welcome Back, Welcome Back!!! ?? If you catch any of us humming the “Welcome Back, Kotter” tune, you now know why. We are absolutely thrilled to announce the return of John Belak to CML Wexford. John is/was a very important member of our team and we did not feel whole without him. We are so glad to have him back fighting for Pennylvania’s employers and carriers. #workerscomp #claims #attorneys

A fun evening in Lancaster, PA! These fine gentlemen discussed everything from settlements to the Pennsylvania Supreme Court to TTD benefit rates. Guess you had to be there! #compgeeks #workerscomp #family

The Pennsylvania Supreme Court determined that specific loss benefits are payable at not less than 50% of the maximum compensation rate. Section 306 (c)(25) of the PA Workers’ Compensation Act contains language that “Compensation under paragraphs (1) though (24) of this clause shall not be more than the maximum compensation payable nor less than fifty per centum of the maximum compensation payable per week for total disability as provided in subsection (a) of this section, but in no event more than the Statewide Average Weekly Wage. In?Jennifer Jackiw v Soft Pretzel Franchise (WCAB), (Pa. 1/22/2025) the Supreme Court upheld this language which will apply to lower wage-earning workers.?In 1980, the Pennsylvania Commonwealth Court had decided a case by the name of?Walton v Cooper Hosiery Co. and had held that specific loss benefits were to be paid at the same rate as TTD benefits with no minimum cap.?This new Supreme Court case changes that practice which has been in effect since 1980.?In 2025, 50% of the maximum compensation payable is $673.75.?Note that under the second paragraph of Section 306(c)(25), the healing period is paid the same as TTD benefits without the minimum cap. #workerscompensation #claims #risk

On January 6, 2025, the Commonwealth Court reaffirmed that the right to subrogation under Section 319 of the Act is absolute.?In the case of?Martha Garduno Mondragon v Jo Jo Pizza (WCAB), plaintiff’s counsel refused to reimburse the lien, arguing that the Employer acted in bad faith by refusing to negotiate its subrogation lien.?The Commonwealth Court once again affirmed that a workers’ compensation lien is absolute and that as such the employer has no legal obligation to negotiate its lien.??Additionally, Plaintiff’s counsel obtained a second fee agreement for a 50% contingency fee, allegedly in anticipation of the risks of trial.?Plaintiff’s counsel then diverted some of his fee back to the claimant.?The Court held that the employer’s right to subrogation could not be subverted by this action and ordered full reimbursement based upon the original fee agreement.?THE EMPLOYER’S RIGHT TO SUBROGATION IS ABSOLUTE!! #workerscompensation #subrogation #claims #pennsylvania

Today, the Bureau of Workers? Compensation circulated the Payment Authorization Form (LIBC – 215) for use by all insurers and self-insured employers to initiate or stop payment of wage loss benefits via direct deposit pursuant to Act 126 of 2024.? The form includes and authorization statement for the Claimant to acknowledge a number of facts as part of the use of the form as follows: ?? I acknowledge that failure to notify the insurance carrier/self-insured employer of any change in financial institution or account may delay receipt of compensation or settlement proceeds. ?? ?I acknowledge that I have control over and signatory access to the above-referenced depository account. ??? I acknowledge that I shall notify the insurance carrier/self-insured employer of changes in circumstances that may affect entitlement to compensation payable under the Pennsylvania Workers’ Compensation Act. ??? I acknowledge that any false statement or failure to disclose a material fact in order to obtain or increase compensation may result in criminal prosecution, disqualification of benefits, and repayment of money deposited into the account. ?? ?The instructions on this form to start, stop or change direct deposit of benefits shall remain in effect for the remainder of this claim. I understand that the only way to change or stop direct deposit of benefits is to submit a new form. ??? I understand that an insurance carrier/self-insured employer shall not be responsible for repaying any money deposited into an incorrect account if the sole reason for the error is incorrect information I provided. Some of these acknowledgements may be helpful for Employers and Insurers in fighting fraud, as Claimants must acknowledge that they must notify the insurance carrier/self-insured employer of any changes in circumstances which could impact their entitlement to payment. Claimants must further acknowledge that any false statement or failure to disclose a material fact can result in a fraud prosecution. #workerscomp #claims #forms #directdeposit #fraud

While the U.S. unemployment claims dropped to 211,000 last week, down 9,000 claims from 220,000 the week prior on a seasonally adjusted basis, Pennsylvania saw an increase in initial filings.?Initial filings for unemployment benefits in Pennsylvania rose last week compared with the week prior, according to Thursday’s U.S. Department of Labor report.? New jobless claims, which track with layoffs, increased to 21,211 in the week ending December 28, up from 15,880 the week before, according to the report. As Pennsylvania is a wage loss state for workers’ compensation, increases in unemployment can make vocational efforts more difficult.?Labor market surveys rely upon jobs generally available in the geographic area. Moreover, return to work with the pre-injury Employer is the best way to mitigate exposure and if layoffs limit that potential, indemnity exposure is increased. We will continue to track the unemployment trends and keep you updated.?#unemployment #workerscomp #risk #claims

Is one of your New Year’s resolutions to control your workers’ compensation costs? As winter weather rolls in throughout Pennsylvania, the hazardous weather conditions can also usher in additional exposure for workers’ compensation (and liability) claims. This makes it a good time to: 1. Review and update your snow removal procedures to ensure that snow and ice are removed from any walking and driving surfaces; and 2. Update employee snow safety training. Employees should be reminded to wear footwear with proper traction and insulation. They should also be reminded to walk like a penguin with toes pointed out with short, slow steps. Stay safe! ?????? #safety #risk #workerscomp