Brilliant & Neiman LLC

05/06/2026

Philadelphia Workers' Compensation Hearing Office gets two new Workers' Compensation Judges!

Recently, the Pennsylvania Bureau of Workers’ Compensation announced that two new Workers’ Compensation Judges (WCJs) have been added to the bench, and will be hearing cases in the Philadelphia ...

03/05/2026

Capital Health is planning to open a "micro-hospital" next to Oxford Valley Mall in Langhorne.

Capital Health is planning to build a “micro-hospital” in Langhorne, next to Oxford Valley Mall. In 2019, Capital Health purchased the property, which had been a bariatric surgery center. The ...

02/16/2026

Injured workers in Pennsylvania should know their rights to medical treatment! After the first 90 days, the choice is theirs. Within that first 90 days is a bit more complicated.

There is a common misconception that the workers’ compensation insurance carrier controls medical treatment whenever a worker is injured in Pennsylvania. This is addressed in broad strokes on ...

02/06/2026

Commonwealth Court of Pennsylvania confirms that the Security Fund is not an "insurer" under the PA Workers' Compensation Act, and is not subject to an award of counsel fees, whether there is an unreasonable contest or not. Just bad luck for an injured worker whose case belongs to an insolvent insurance carrier. One would think the Security Fund should stand in the same shoes as the insolvent insurance carrier (since the injured worker should not be penalized), but the Court disagrees.

While many folks know what happens when an Employer violates Pennsylvania law and fails to carry PA workers’ compensation insurance (this is governed by the Uninsured Employers’ Guaranty Fund ...

12/09/2025

A couple on months ago, the Commonwealth Court of Pennsylvania addressed mental/mental injuries in PA workers' comp. Recently, the Court again visited this topic, while also including physical/mental injuries.

Just recently, we discussed a case which addressed mental/mental work injuries in Pennsylvania. This type of injury occurs when a mental stimulus creates a psychic injury. As we reviewed in ...

10/23/2025

Mental/psychological injuries are difficult to prove in Pennsylvania, since such injuries require a step beyond those cases involving physical injuries. For a mental injury, one must prove there were "abnormal working conditions." A recent decision by the Commonwealth Court of Pennsylvania found "abnormal working conditions" for an EMT when the Workers' Compensation Judge, and the Workers' Compensation Appeal Board, failed to do so.

As we have discussed previously on this blog, physical injuries in Pennsylvania are treated differently than mental ones. Provided that a physical injury was suffered in the scope and course of ...

08/20/2025

A PA workers' compensation insurance carrier paid a small portion of several medical bills, forcing a healthcare provider to file for Fee Review. Then, when the provider was successful in each Fee Review, the insurer decided to simply not pay. When hauled into court before a Workers' Compensation Judge, the insurer had the gall to allege that the Judge lacked jurisdiction to even hear the matter, since this involved a Fee Review. Thankfully, the Commonwealth Court of Pennsylvania rejected this argument, allowing the assessment of penalties and counsel fees.

The Pennsylvania Workers’ Compensation Act (Act) is very specific – a workers’ comp insurance carrier is responsible for the payment of all reasonable and necessary medical expenses, which are ...

08/12/2025

A recent decision by the Commonwealth Court of Pennsylvania helps to lighten the heavy price that can be paid just for agreeing to resolve a Petition for Review by entering into a Stipulation.

Back in 2008, we discussed the decision of the Commonwealth Court of Pennsylvania in the matter of Weney v. Workers’ Compensation Appeal Board (Mac Sprinkler Systems, Inc.) [Note that the ...

05/15/2025

The Office of Adjudication, PA Bureau of Workers' Compensation, has named three new Workers' Compensation Judges.

We are excited to relay the news that the Pennsylvania Bureau of Workers’ Compensation, Office of Adjudication, has announced that there will be three new additions to the workers’ comp bench. ...

04/09/2025

As with many areas of law, in PA workers' compensation, when a party files a document officially, the party is bound to that document. So, even if a Workers' Compensation Judge acknowledges that an insurance carrier accidentally accepted a claim, the Judge need not set aside the properly filed acceptance.