Free Consultation: (215) 638-7500Tap to Call This Lawyer
PREMIUM
Glenn Neiman
  • Workers' Compensation
  • Pennsylvania
Rate This Lawyer
Badges
Claimed Lawyer ProfileQ&ALII GoldBlawgsearchSocial Media
Summary

I graduated from Temple University School of Law in 1992. Since that time, I have practiced solely in the areas of workers' compensation, social security disability, and related state and federal disability law. This was further limited to just Pennsylvania workers’ compensation matters over the last several years. In addition to Pennsylvania licensure, I am also licensed to practice in the state courts of New Jersey, and am admitted to practice in Federal District Courts in both states. On various occasions, I have been a speaker at public information seminars, as well as seminars sponsored by The Bucks County Bar Association and National Business Institute, on workers' compensation topics. I have also participated in The People's Law School curriculum, teaching a class on workers' compensation. Most recently, I was invited to join the faculty of LawLine.com, a prestigious legal education provider. I am an active member of the Bucks County, Philadelphia and Pennsylvania Bar Associations. Away from the office, I serve as President of the homeowners’ association of a 400-residence development.

Practice Area
  • Workers' Compensation
Fees
  • Free Consultation
  • Rates, Retainers and Additional Information
    No fee unless we obtain results.
Jurisdictions Admitted to Practice
Pennsylvania
Professional Experience
Education
Temple University
J.D.
-
Temple University
B.B.A. | Business Law/Management
-
Honors: Graduated cum laude
Professional Associations
Pennsylvania State Bar
Member
Current
Legal Answers
33 Questions Answered

Q. What is the maximum percentage they can take to recoup over payment and can my employer deduct from my paycheck
A: Before I answer your question, I would urge you to speak to an attorney certified as a specialist in workers' compensation, whether my firm or another of the fine attorneys on this board. You should not agree to any recoupment (or even acknowledge an overpayment) before the matter is reviewed to see if the insurance carrier is correct. Many times, they have made an error and there really is no overpayment. Or, circumstances may exist preventing them from getting a recoupment. The answer to your question, though, is it depends. There is no "maximum" the insurance carrier can take. A workers' compensation judge can consider the circumstances of the injured worker and allot an appropriate percentage (assuming there is even a basis for recoupment). Hope that answers your question. Good luck!
Q. Am I required to use the company doctor for my medical treatment if I want to receive workers comp benefits?
A: If an employer properly posts a list of doctors/healthcare providers (called a "panel posting"), then the workers' compensation insurance carrier only has to pay for treatment with one of those listed providers for the first 90 days after a work injury. However, there are rules for this panel posting that must be followed by the employer. If the rules are not followed correctly, which often happens, an injured worker is free to treat with any doctor the injured worker so desires. I would urge you to consult with an attorney certified as a specialist in PA workers' compensation law, either my firm or another of the fine attorneys on this board, to see what options you have in your case.
Q. Have employee out on WC. No BTW release in sight. We had to fill position. No longer have work for him. Can we terminat?
A: First, these boards are for general legal information, not for providing legal advice. You need legal advice, specific to your situation. Second, the question you are asking is not regarding workers' compensation exactly, but more employment law. You are seeking advice as to whether you can terminate an employee, and the risks and benefits of different courses of action. I would suggest you seek a consultation with an employment law attorney to best have your situation addressed.
Q. Final judge decision in workers comp
A: That's a hard question for us to answer here, without knowing either who the Judge is, or what evidence has been presented. Your attorney would be in far better position to give an answer to this question. That said, Judges are human. They review the evidence and consider who they believe. We could never predict how the Judge would interpret the evidence with no information.
Q. By law, Is there a monetary cap on the settlement amount for a workers compensation case, involving a permanent injury
A: I agree with Timothy. In Pennsylvania, there is no such thing as a "permanent" injury. The insurance carrier is always able to argue either that the condition has healed, or that another cause accounts for the current disability. But, no, there is no monetary cap on settlement amount in PA. The settlement amount is a negotiated sum, based on the facts in each case. Good luck!
Q. Can an IME opinion ride through a major surgery that is considered work related?
A: You are asking about a complicated fact pattern, which is beyond what we can provide as "general legal information." If you have an attorney, I would urge you to discuss the situation with your attorney. If not, I would strongly suggest you consult with a certified workers' compensation attorney asap.
Q. how can a WCJ rule on a second LMS with out a change in evidence
A: I agree with the attorneys who have responded. Even though your educational background and work experience have not changed, the workers' comp insurance carrier has a right to argue the jobs available to you (perhaps by economic developments or just time) have changed. This is not exactly arguing the same thing twice, which would not be permitted. Have you discussed your concerns, and your options, with your attorney? If not, I would urge you to do so.
Q. Is my employer responsible to compensate me when going to therapy when I have a work related injury but still working?
A: There are two questions, actually. There is the one you asked - whether your employer has to pay for time you lose from work as a result of a work injury. Generally, an employer need only pay for the time you are working (though arguably you could get sick time, depending on whether that is limited quantity, as it is for most employees). However, the better question may be whether the workers' compensation insurance carrier must compensate you for the time lost due to treatment for your injury. The answer to this question depends on whether the treatment you seek is available outside of your work hours (or, in other words, whether you have to miss work to get this treatment). If the treatment at issue is not available outside of your work hours, the workers' comp insurance carrier may be required to pay you partial disability benefits. This would be calculated by taking the difference between your actual earnings (lower, since time was lost for the treatment) and your pre-injury earnings. The partial disability benefit due would typically be 2/3 of this difference.
Q. When do workers compensation adjusters decide to settle a claim instead of the final hearing with the judge?
A: There is no exact answer to your question. Settlement is something that happens only when both sides agree. This can be quick, or years down the road. The insurance carrier may want to wait for a decision, to see if they can win (and pay you nothing). Your attorney may have a much better idea of where your case stands.
Click here to see all answers
Social Media
Contact & Map
Brilliant & Neiman, LLC
Philadelphia & Surrounding Areas
260 W Street Rd
Warminster, PA 18974
USA
Telephone: (215) 638-7500
Fax: (267) 803-6298
Brilliant & Neiman, LLC
Lehigh Valley
609 Hamilton Mall
Allentown, PA 18101
USA
Telephone: (610) 740-1002
Fax: (267) 803-6298
Brilliant & Neiman, LLC
Trevose
5 Neshaminy Interplex Dr
#205
Trevose, PA 19053
USA
Telephone: (215) 638-7500
Fax: (267) 803-6298