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75+ Attorneys in 7 Offices
Cipriani & Werner has over 75 attorneys in 7 cities with expertise in commercial litigation, civil litigation, workers’ compensation, and more.
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Cipriani & Werner has built expertise in commercial litigation, civil litigation, and workers’ compensation.
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Cipriani & Werner has offices throughout Pennsylvania, New Jersey, and West Virginia.
650 Washington Road Suite 700Pittsburgh, PA 15228Phone: (412) 563-25001011 Mumma Road Suite 201Lemoyne, PA 17043-1145Phone: (717) 975-9600450 Sentry Parkway Suite 200Blue Bell, PA 19422Phone: (610) 567-0700409 Lackawanna Ave Suite 402Scranton, PA 18503-2059Phone: (570) 347-0600155 Gaither Drive Suite BMt. Laurel, NJ 08054Phone: (856) 761-38001144 Market Street Suite 300Wheeling, WV 26003Phone: (304) 232-3600500 Virginia St. East Suite 750Charleston, WV 25301Phone: (304) 341-0500 -
C&W Journal
C&W Journal
Cipriani & Werner provides legal insight for business professionals.
May 2012 Edition
Cost Of Cervical Surgery Scars On The Rise
Source
Dart Container v. WCAB (Lien), 959 A.2d 985 (Pa. Cmwlth. 2008)
Analysis
The Claimant sustained disfigurement of her neck as is typical of anterior cervical surgeries and was awarded 22 weeks for disfigurement by the Workers' Compensation Judge. On appeal to the Workers' Compensation Appeal Board, the Claimant sought a larger award on the theory that the WCJ’s award of 22 weeks was outside the range most WCJ’s would select. The WCAB agreed and amended the award to 70 weeks of benefits, ruling in the process that most WCJs would award between 60 and 75 weeks for the same scar. The Commonwealth Court remanded the matter back to the WCAB for further consideration because the WCAB failed to describe the scar and explain the reasoning for its decision.
What it Means for You
The WCAB remains the ultimate arbiter of disfigurement values and is able to set, identify and enforce value parameters for similar scars if they explain their reasoning. The real news is that the value of a typical anterior cervical scar seems to be on the rise with the standard rate now between 60 and 75 weeks of TTD benefits. Call a Cipriani & Werner workers’ compensation lawyer to determine reasonable value of your disfigurement claim and develop a strategy for using the scar claim as leverage to bring global closure to your case,
Journal Edition
April 2009
