Can You Receive Workers' Compensation for Partial Disabilities in Pennsylvania? - Luxenberg Garbett Kelly & George P.C.

From Luxenberg Garbett Kelly & George P.C. - Can You Receive Workers' Compensation for Partial Disabilities in Pennsylvania? explores how injured employees across New Castle, Lawrence County, and Western Pennsylvania may qualify for wage-loss benefits under the Pennsylvania Workers' Compensation Act. This episode breaks down Section 306(b) (77 P.S. § 512) and explains how workers who return to reduced-capacity jobs can receive compensation equal to two-thirds of the difference between their average weekly wage (AWW) and their current earnings for up to 500 weeks.

Listeners will learn the fundamentals of partial disability benefits, how the AWW formula works, and the legal differences between total disability and partial disability under Pennsylvania law. The discussion also explains how earning power is determined, including the role of vocational labor market surveys and how disputes are resolved before a Workers' Compensation Judge (WCJ) through the Workers' Compensation Office of Adjudication (WCOA), with appeals handled by the Workers' Compensation Appeal Board (WCAB).

The episode also examines how insurers may attempt to modify benefits through an Impairment Rating Evaluation (IRE) using the American Medical Association (AMA) Guides to the Evaluation of Permanent Impairment. It outlines the 104-week threshold for requesting an IRE, the 35 percent impairment standard, and the rules surrounding the 500-week limit for partial disability benefits. The conversation also highlights the importance of reporting workplace injuries promptly under Section 311, maintaining medical documentation, and protecting your rights during disputes with insurers.

Lawrence M. Kelly and Joseph A. George discuss their experience representing injured workers throughout Lawrence County, Allegheny County, Butler County, and the broader Western Pennsylvania region. With offices in New Castle, Pittsburgh, Butler, Cranberry Township, Beaver Falls, and Ellwood City, Luxenberg Garbett Kelly & George P.C. assists clients with workers' compensation claims from filings with the Pennsylvania Bureau of Workers' Compensation to hearings before Workers' Compensation Judges.

Luxenberg Garbett Kelly & George P.C.

315 N Mercer St, New Castle, PA 16101, United States

(724) 658-8535

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