Tim Coffey Wins Appeal for Workers Compensation Carrier Against a Top Claimants Attorney.

Tim Coffey recently won an important appeal in Commonwealth Court on behalf of the State Workers' Insurance Fund in Janson v. EM Force, Inc.

In this case, the Claimant insisted on bringing his workers’ compensation claim in Pennsylvania, despite having received benefits and having remedies in New Jersey. In order to establish Pennsylvania’ s subject matter jurisdiction over his claim, he had to establish an employment relationship with the employer of sufficient duration. The problem for the Claimant was that he only worked in New Jersey in the year preceding his work accident. Thus, the Claimant argued that his employment was principally located in Pennsylvania over a period of 5 years or so. This resulted in Claimant conceding to the fact that over this 5 year period his wages were extremely low. As a result, the Judge calculated an average weekly wage of $81.23 and compensation rate of $73. 10 per week.

The Judge further granted SWIF a credit of approximately $48,000.00 that the employer’s New Jersey carrier paid under that state’s compensation scheme. Thus, by keeping the case in Pennsylvania, Mr. Coffey was able to successfully obtain not only a favorable average weekly wage but also obtain a significant rebate for SWIF.