Dugan & Associates, P.C.
No Recovery - No FeeFree Consultation
Serving all of Western Pennsylvania
Local: 412-353-3572 Toll Free: 888-9-9-D-U-G-A-N Toll Free: 888-9-9-D-U-G-A-N

Pennsylvania Supreme Court rules on workers' comp case

Pennsylvania's Supreme Court recently reaffirmed a decision that a man who pleaded the Fifth in relation to questions about his status as an immigrant was eligible for workers' compensation benefits. In 2008, the man in question was injured on the job, and a doctor limited the man to lifting no more than 15 pounds as well as telling him to avoid tasks that involved stretching, bending or reaching.

The company that the man worked for stated that they had no work that he could do based on these limitations, and he was placed on temporary workers' compensation. A few months later, the company moved to remove the man's benefits, but he stated that he was still unable to work due to his medical condition.

It was discovered in a hearing in front of a workers' compensation judge that the man had relocated from Ecuador about 10 years ago, but he pleaded the Fifth when asked pursuant questions about his legal status in the United States and whether he had proper work documentation. This particular judge determined that the company was responsible for the man's medical bills but that they had proven the man was not eligible for workers' compensation benefits due to his legal status. Subsequent court decisions overturned this ruling stating that the man's refusal to discuss his status did not prove it one way or the other, and the State Supreme Court upheld these decisions.

It is not uncommon for employers to attempt to avoid keeping employees on long-term workers' compensation or even refusing short-term compensation for spurious reasons. If someone feels that he or she is being wrongly denied these benefits or needs help with the process of applying for benefits, a lawyer could provide assistance.

Source: PennLive, "Pa. Supreme Court weighs in on battle over injured immigrant's eligibility for workers comp", Matt Miller, July 22, 2014

No Comments

Leave a comment
Comment Information

Pittsburgh Office
4 West Manilla Avenue
Pittsburgh, PA 15220

Phone: 412-353-3572
Phone: 412-922-0800
Fax: 412-922-0801
Pittsburgh Law Office Map

Beaver County Office
2002 McMinn St.
Aliquippa, PA 15001

Phone: 412-353-3572
Phone: 724-775-7372
Aliquippa Law Office Map

North Hills
6400 Brooktree Ct.
Wexford, PA 15090

Phone: 412-353-3572
Phone: 724-933-0133
Wexford Law Office Map

Butler County
125 Warrendale-Bayle Rd
Warrendale, PA 15086

Phone: 412-353-3572
Phone: 724-283-7063
Map & Directions

Monroeville
400 Penn Center Blvd.
Suite 101
Monroeville, PA 15232

Phone: 412-353-3572
Phone: 412-261-1129
Map & Directions

Westmoreland County
101 N. Main St.
Suite 104 - A
Greensburg, PA 15601

Phone: 412-353-3572
Phone: 724-836-7454
Greensburg Law Office Map

Washington County
2400 Ansys Dr.
Canonsburg, PA 15317

Phone: 412-353-3572
Phone: 724-743-0463
Canonsburg Law Office Map

Serving all of Western Pennsylvania Free Consultation

REVIEW US