Kassutto Workers Compensation

10/07/2025

It’s Game 2 of the Phillies–Dodgers playoffs.
Bottom of the 9th. Dodgers up 4–3. One out. A runner on first.

Two nights earlier, Phillies outfielder Harrison Bader was injured. The team issued a press release: Bader wouldn’t play in Game 2.

But now, in the bottom of the 9th, the picture has changed. The Phillies call on Bader to pinch hit.

As he steps to the plate, the announcers add some background: Bader has been medically cleared to bat—but he’s not supposed to run at 100%.

Fortunately (for both Bader and the Phillies), he connects and makes it safely to first base without trouble.

But let’s pause for a moment—before that swing.

The announcers observe that depending upon how the ball is played, Bader may have to run full speed to avoid a double play. With the entire city watching, could he really be expected to hold back, even if that’s what his doctors and coaches have told him to do?

That same tension shows up in my world—the practice of workers’ compensation law.

Injured workers sometimes receive modified duty job offers that, at least on paper, fit their medical restrictions. But too often, the reality is different. There’s an unspoken pressure to push beyond those restrictions—to risk further injury in order to meet the job’s demands.

For a professional athlete earning millions, fans might expect them to “take the hit.” But sometimes, those hits end a career.

And it’s no different for an hourly worker with a family counting on them to heal—to get healthy and get back to work. If they’re pushed to return before they’re ready, the consequences can be just as devastating.

I’m here to fight for those workers.

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04/07/2025

A Lesson in Overcoming Challenges: Insights from a Deposition

As a workers' compensation attorney, I’ve encountered my fair share of challenging cases, but there’s one that stands out for an unexpected reason.

I was deposing an older orthopedic surgeon on a hotly contested claim. To say he was experienced would be an understatement. In fact, he was at an age when most doctors might be winding down their practices, he had already transitioned away from surgeries, and now spent most of his time conducting medical-legal examinations.

During our pre-deposition meeting, I began to notice some signs that made me question how things would go. This case was far from simple. The injured worker had a complex medical history, and at times, the surgeon seemed forgetful about key details. I found myself explaining and re-explaining certain points, which isn’t typical for high-level medical professionals.

But then something surprising happened. During those moments of uncertainty, the surgeon was diligently taking notes. And when the deposition started, it was like a switch had flipped. Suddenly, he was confident, sharp, and able to clearly support his opinions with sound reasoning.

It was a powerful reminder of what we can achieve when we plan ahead, remain adaptable, and embrace a little extra effort.

In the end, this deposition left me feeling inspired—not just by the surgeon’s transformation but by the resilience we all have when we take the time to prepare and overcome obstacles.

Sometimes, the greatest victories are about more than just winning a case—they’re about finding the strength to keep pushing forward, even when the road gets tough.

04/03/2025

Attention Pennsylvania Workers' Compensation Stakeholders: A Critical Appeal to the Legislature

When an appellate court signals to the legislature that action is needed, it’s time to listen. This is exactly what happened in the case PMA Management Co. v. Fort Washington Surgery (Fee Review Hearing Office) 1282 CD 2023 – a decision that could have serious consequences for injured workers seeking healthcare in Pennsylvania.

While the opinion is currently unreported, its potential impact is undeniable. The court’s ruling could drastically limit access to necessary medical treatment under Pennsylvania's workers' compensation system.

Here’s why this matters:

Pennsylvania’s workers’ comp system bases medical payments on 1994 Medicare rates, adjusting annually with the statewide Average Weekly Wage. While this helps account for inflation, it overlooks critical changes in the Medicare system, especially the bundling of “device-intensive procedures” since 2008.

In simpler terms: Medicare bundled payments for procedures and devices – but Pennsylvania’s system hasn’t caught up. As a result, healthcare providers may be underpaid or even unable to provide services, creating a dangerous gap for injured workers.

The specific case: Fort Washington Surgery Center submitted bills for a spinal cord stimulator implantation, totaling over $124,000, yet received only a fraction of the payment. The employer argued that payment for the procedure should cover the devices, and the Commonwealth Court agreed, essentially interpreting the law to limit compensation for necessary medical devices.

But here’s the kicker: The court closed its opinion by urging the General Assembly to take action. The current system, as the court pointed out, risks leaving providers uncompensated, which could directly affect injured workers’ ability to get the care they need.

What’s next? If the legislature does not intervene, medical providers may stop offering the critical care Pennsylvania’s injured workers rely on.

This decision is a clear call to action. We need reform to ensure fair reimbursement for healthcare services in workers' compensation claims.

Let’s ensure Pennsylvania’s injured workers get the care and treatment they deserve. Share your thoughts, and let’s start the conversation on how we can push for change before this decision affects too many people.

04/02/2025

Can a Workers' Compensation Claim Be Reversed After a Mistaken Acceptance? Pennsylvania Commonwealth Court Weighs In.

Imagine this: A workers' compensation adjuster accidentally clicks the wrong button and mistakenly accepts a claim that was meant for denial. This was the issue in the recent case of City of Philadelphia and PMA v. John Bell (WCAB) 648 CD 2024. The question before the Court: Does Pennsylvania law allow the defendant to reverse a mistaken acceptance of a claim?

Let's break down this case and explore what the ruling means for workers' compensation claims moving forward.

In this case, the defendant – the City of Philadelphia and its insurance carrier, PMA – presented evidence that the adjuster had intended to deny the claim. However, due to the adjuster's user error with the internal software system, the claim was mistakenly accepted as a Medical-Only Notice of Compensation Payable (NCP).

To correct the mistake, the defendant filed a Review Petition, seeking to set aside the incorrectly issued NCP. The defendant’s argument was that the adjuster’s error was unintentional and that the NCP should be set-aside.

The Workers’ Compensation Judge (WCJ) denied the defendant’s petition. In her reasoning, the Judge pointed out that the mistake could have been avoided with better training for the adjuster and that the adjuster could have sought guidance from a senior claims handler or supervisor.

The defendant appealed, but both the Appeal Board and the Commonwealth Court affirmed the Judge’s decision.

What makes this case so significant? The Court referred to Section 413(a) of Pennsylvania’s Workers' Compensation Act, which gives the Judge discretion to set aside an NCP if it is found to be incorrect. However, even after determining the error, the Court emphasized that the Act did not require the Judge to reverse the incorrectly issued NCP: "Even after she found it was incorrectly issued, Section 413(a) of the Act did not require her to set aside the incorrectly issued Medical-Only NCP."

This ruling highlights a key takeaway: Pennsylvania's workers' compensation system allows for some flexibility, but also places responsibility on employers and insurance companies to ensure that claims are handled properly and that adjusters are properly trained to avoid errors.

03/19/2025

Do you need a traumatic injury to qualify for workers' compensation?

In Pennsylvania, the answer is NO.

In addition to the type of traumatic injuries we often associate with a typical workers' compensation case, Pennsylvania also provides workers' compensation benefits for qualifying work-related illness, occupational diseases, psychological injuries, and repetitive use injuries.

03/17/2025

Why "Verbal Notice" Isn’t Always Enough When Reporting a Work Injury

If you've been injured on the job, notifying your employer is crucial to securing workers' compensation benefits. While many workers believe verbal notice to a supervisor is sufficient, it’s not always enough.

In some cases, failing to follow your employer's formal reporting procedures — even after providing verbal notice — can jeopardize your claim.

For example, in two recent Commonwealth Court cases, the injured worker provided verbal notice of a disabling work-related illness to his supervisor and was out of work for nearly two years. Despite receiving full salary during that time, the employer later denied his workers' compensation claim, arguing that no formal written report was filed.

The worker argued that his wages, designated as "excused time," were a substitute for workers' compensation, and that benefits should be paid for his ongoing disability. However, the employer presented evidence that the worker had not followed the employer's written reporting process.

In its decision, the Commonwealth Court highlighted how in some cases benefits can turn on putting notice in writing. Even though the worker testified that he had informed his supervisor, the court observed that the injured worker did "not present testimonial evidence from his supervisor nor did he fill out the [written] form required by his Employer indicating that he had suffered a work-related injury."

Key Takeaway: Follow your employer's reporting procedures and put it in writing. Verbal notice alone may not be enough to protect your rights and ensure you receive the compensation you deserve.

If you have any questions, you should reach out to a qualified workers' compensation attorney. I offer free consultations and can be reached here on LinkedIn or by phone: 844-243-4932.

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03/11/2025

SEPTA is testing out bulletproof glass for bus operators. There have been too many stories of violence on public transit in the last few years. While it is unfortunate that this is needed, it is a hard bargained for step which should help keep our bus operators safe.

SEPTA said it initially will run eight buses with the compartments to see what, if any, adjustments are needed and to get driver feedback.

11/26/2024

Today was a new one for me in world of workers' compensation. I had the opportunity to cross-examine an orthopedic surgeon in a case where the key issues were whether the injured worker had fully recovered and whether surgery was needed. I spent hours meticulously reviewing medical records, prior testimony, pleadings, and outlining key points to prepare for the deposition.

However, as soon as the cross-examination began, it became clear that the doctor had not reviewed any treatment records—including those from the injured worker's treating orthopedic surgeon, who had recommended surgery. Despite this, the employer's doctor confidently claimed that the worker was fully recovered and required no further treatment.

It's frustrating when a doctor's opinion is based on incomplete information. If this case goes to decision, I’m confident the judge will give little to no weight to the employer's doctor’s testimony. It’s a reminder of why thorough preparation and attention to detail are so crucial in these cases.

If you or someone you know has been injured on the job, don’t hesitate to reach out. I’m here to fight for your rights and make sure you get the medical care and benefits you deserve.

11/14/2024

🔹 A Day in the Life of a Attorney in Pennsylvania 🔹

One of the funny things about being a ? We often see more of the attorneys on the other side—the defense lawyers—than we do of our colleagues who represent injured workers.

Recently, I was on a conference call with a Judge to coordinate testimony for a client who was hospitalized due to a work injury. This meeting was scheduled at the defense attorney’s request to help ensure my client could testify.

Instead, the defense attorney used this time to argue that my client was “missing in action” and made an unannounced motion to suspend benefits—a surprising turn in a moment that should have been about helping a worker in need.

This approach felt out of step with the professionalism I expect from Pennsylvania’s defense bar. Time will tell if this lack of courtesy is the exception or the rule. In the meantime, I’ll keep standing up for my clients, making sure their voices are heard, no matter the opposition.

11/11/2024

Apparently being a workers compensation attorney with a busy calendar of depositions and Judge’s hearings is no excuse from .

Will be interesting to see if I make it past the first round. Maybe I will get to see some fresh trial advocacy in action…

11/11/2024

As an attorney dedicated to representing injured workers, I’m excited to share important insights on Pennsylvania Act 121 of 2024. This new legislation simplifies the burden of proof for first responders seeking to establish claims for post-traumatic stress disorder (PTSD) following a "qualifying traumatic event."

🔍 What You Need to Know:

Act 121 applies to first responders, including EMS personnel, firefighters, state police, and municipal police officers, ensuring you receive the support you need after a traumatic experience.

Key changes include:

No requirement for "abnormal working conditions": You no longer need to prove that your experience was outside of normal duties for qualifying events.
Qualifying traumatic events: These include incidents involving serious bodily injury, immediate threats to life, abuse or injury to minors, and responding to crime scene investigations.

Navigating the process can feel overwhelming. Having a knowledgeable advocate by your side is crucial to effectively manage the complexities of your claim.

💼 Why Choose Me? With years of experience in Pennsylvania’s workers' compensation landscape, I am committed to fighting for your rights. Whether you're just starting your claim or need assistance with a denial, I’m here to guide you every step of the way.

📞 Let’s Connect! If you or someone you know has been injured at work, don’t hesitate to reach out. I offer free consultations to discuss your case and explore your options. Your recovery is my priority!

👉 Comment below or message me directly to learn more about how I can help you navigate Act 121 and secure the benefits you deserve!