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Pond Lehocky Associate Featured in The Legal Intelligencer – Medical Newspaper

In her newest article for The Legal Intelligencer, “Do Software Limitations Trump the Act?” Pond Lehocky Attorney Maureen “Morty” Cassidy explains how employees’ rights are impacted by “Forms Solutions” in the Workers’ Compensation Automation and Integration System (WCAIS).

In 2013, the WCAIS went stay in Pennsylvania, permitting digital trade of transactions between firms and the Commonwealth. Large quantities of accident and harm info can now be transferred between firms and the state digitally – a lot quicker than on paper. In 2016, the WCAIS added “Forms Solutions” to assist streamline compensation approval or denial for a piece harm, together with medical advantages and wage loss. If a service chooses to just accept a declare for medical advantages solely, or to disclaim the declare altogether, they need to problem a “Notice Stopping Compensation.”

“Yet in the most recent Forms Solution update, the middle step is eliminated and no Notice Stopping is being issued when the carrier chooses to deny the wage loss but accept the claim for medical purposes, leaving injured workers with an illegal cessation of wage loss benefits and employers that refuse to reinstate those benefits without any legal basis,” Ms. Cassidy reveals.

Employers are claiming that as a result of the WCAIS system’s software program limitations don’t enable them to generate a Notice Stopping, their actions are someway defensible. Ms. Cassidy argues that cash saved by going digital shouldn’t come at the price of an injured employees’ rights.

“In an already confusing claims process, this is another step to discourage injured workers from receiving benefits that may be entitled, without notice,” Ms. Cassidy explains.

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