Check out our November newsletter!
NOVEMBER 2025 Kunkel Case Files 724-438-3020 • KunkelLawFirm.com • GKunkel@KunkelLawFirm.com When Can an Employer Stop My Workers’ Compensation Benefits?
Injured workers frequently contact our office for the first time when they have received notice that the insurance carrier is seeking to suspend or terminate their biweekly workers’ compensation checks. In many cases, this comes as a shock to the injured worker and results in extreme anxiety and stress. After all, if you are off work due to an injury, your workers’ compensation check is your lifeline to keep a roof over your head and food on the table for your family. Let’s review the most common ways that workers’ compensation benefits can be stopped by the employer after it has accepted the work injury. Termination of Benefits First, the Workers’ Compensation Act (WCA) provides that an employer may petition a Workers’ Compensation Judge (WCJ) to terminate your benefits by proving you have fully recovered from your injury and that you are able to return to your pre-injury job. Normally, this process starts with the employer demanding that you attend a so- called “independent medical examination” (IME), which is handpicked by the employer. Not surprisingly, these IME physicians are anything but independent, and many are in the business of regularly providing favorable medical opinions to employers in workers’ compensation cases. If the IME doctor provides a written opinion that you’re fully recovered from the work injury (as previously defined by the employer), the insurance carrier will likely file a petition to terminate your benefits, and you will be scheduled for a hearing before a WCJ. At the first hearing in your case, the employer will make a request for “Supersedeas,” which means to temporarily halt payment of your benefits at the first hearing. A request for Supersedeas may be granted if the employer has submitted
evidence that your medical status has changed, unless you establish by a preponderance of evidence to the merits of your defense to the termination petition. Fortunately, in most cases, the WCJ will deny the Supersedeas request so long as you submit a medical report from a treating health care provider stating that you are not fully recovered from the work injury and specifying any residual disability you may have. If a WCJ ultimately rules at the end of the case that you have fully recovered, your wage loss benefits and medical benefits will stop at that point. Suspension and Modification of Benefits Another way for an employer to stop or reduce your workers’ compensation benefits is when the employer is able to prove: 1) that work within your physical restrictions has been offered to you and that you have failed to follow through on the job offer in good faith, or 2) by showing you are capable of performing modified work that is generally available in your usual employment area. Thus, if your employer tells you to return to work to a “light-duty” or modified position, you should contact legal counsel immediately, unless you are willing to accept the modified position. Ignoring the job notice could result in a WCJ suspending your benefits or modifying your benefits because you failed to follow through on the job offer in good faith. Like a termination petition, you may defend against a suspension or modification petition based on a medical report from your treating health care provider stating that you are not capable of performing
the modified job duties due to ongoing limitations related to your work injury.
Employers may also seek to suspend or modify your benefits based on work that is generally available in your geographic area. This process typically involves an IME to establish your work-related limitations, an interview by a Vocational Expert (“VE”), and a labor market survey prepared by the VE establishing the number and character of suitable jobs that are available within your geographic market, including wage rates. Significantly, the employer is not required to prove you were offered an actual job, but rather that suitable work is generally available to you in the relevant labor market. If the WCJ rules that work is generally available within your physical restrictions in your geographic area, the WCJ may suspend (stop) your benefits or conclude that you are only entitled to partial disability benefits based on the wage rates of the identified jobs. Return to Work In some cases, the injured worker recovers from his or her injury after a relatively short period of time and returns to work with no loss of earnings. In that case, the insurance carrier will typically file a “Section 413(d) Notice” with the Bureau of Workers’ Compensation (“BWC”) and serve you, notifying the BWC that you have returned to work with no loss of earnings. Your benefits will be suspended within seven days of the notice unless you file a written challenge to the employer’s representation that you have returned to work with no loss of earnings. If you challenge the Section 413(d) Notice, the matter will be assigned to a WCJ to decide whether benefits should be suspended.
Continued on Page 3 ...
Social Security Disability • Workers’ Compensation • Employment Rights • DUI Defense
KunkelLawFirm.com • 1
GETTING OUT OF BED LONG BEFORE THE SNOOZE BUTTON Before Smartphones, There Was Water
Members of Generation Z may find it difficult to believe that people used plug-in alarm clocks to help them get up on time in the morning. However, that seemingly archaic means of timekeeping has nothing on how people managed wake-up time before cellphones and even electricity, as we use it today, became staples of daily life. In the 4th century BCE, the Greek philosopher Plato created a method to ensure students at his academy, which once counted Aristotle among its pupils, woke up at the correct time each day. To perfect a foolproof system, he turned to a surprising tool: water. He constructed a set of clocks that operated using two basins. One basin would slowly empty into the other throughout the night; when the second basin was full, rattling pebbles or whistling air awakened students from their slumber. Known as klepsydra (or “water thief”) clocks, these timekeepers were astonishingly accurate. About a century later, Greek inventor Ctesibius of Alexandria expanded on Plato’s design by incorporating mechanics that produced sounds not unlike those of the more modern cuckoo clock. Ctesibius’s version remained popular until the pendulum clock emerged in the 1650s.
Although Plato often gets credit for creating aquatic- based alarms, some variation of the klepsydra concept allegedly dates back to at least the 16th century BCE. Archaeologists uncovered a tomb inscription detailing how an Egyptian
court official of the era devised a similar system. Regardless of its definitive inventor, the water clock roused people long before phone apps, proving that nature often provides solutions to problems centuries before human technology catches up.
While the water clock was undoubtedly an imaginative masterstroke, it is still reasonable to argue that the “snooze” button remains the most critical time-related creation known to man.
YOU CAN’T EVEN MAKE UP THESE STRANGE FOOD RULES Ice Cream in Your Pocket?
Finger-Licking Fun … or Else!
When it comes to state laws about food, specific provisions on the books from past years may leave a funny taste in your mouth, and potentially get you in a heap of trouble if you break them. This fact is especially true in parts of the South, where your lunch order may need to come with a side of legal advice. Cones and Captured Horses If you want to stay on the good side of law enforcement in Alabama, always remember that ice cream cones are for licking, not sticking in your back pocket. While it’s pretty safe to assume the thought of engaging in the latter activity hasn’t crossed a single mind in 2025, there was a time when horse thieves would stick ice cream in their pockets to attract equine abductees. Considering that we rarely share the highway with horses these days and most people would prefer not to turn the seat of their pants into a sundae, it’s a safe bet this charge won’t fill up courtrooms for the foreseeable future.
On the subject of making a mess with food items, eating chicken with your hands can be a sticky thrill, and is the only way to partake in poultry eating
without running a-fowl of the law in Gainesville, Georgia. If you want to enjoy tasty chicken in that city, stock up on wet wipes and skip the knife and fork, as eating it with utensils is a crime. Although the ordinance banning knives
and forks when consuming chicken was meant as a joke
by the local police department, chucking the rule may draw some disapproving clucks when dining in the place affectionately known by locals and city officials as “the Poultry
Capital of the World,” especially during its renowned Spring Chicken Festival. Perhaps only a good lawyer can help determine whether
the law also applies to vegan “chik’n” options.
2 • 724-438-3020
Social Security Disability • Workers’ Compensation • Employment Rights • DUI Defense
... continued from Cover
Dividing Homes, Not Hearts
Finally, an injured worker can voluntarily agree to a suspension, modification, or termination of benefits by signing a supplemental agreement or, in the case of a termination, a document called a Final Receipt. I highly recommend that you consult with an experienced workers’ compensation attorney before signing any agreements or documents affecting your right to receive ongoing workers’ compensation benefits. Receiving a notice that your workers’ compensation benefits are ending can be stressful and confusing, especially when you disagree with your employer or insurance carrier and you believe you are still entitled to ongoing benefits. If you have questions or concerns about your workers’ compensation benefits, please feel free to contact Kunkel Law Firm for
Co-Parent Like a Pro After Separation
Divorce or separation is often stressful, but it should never be used to draw battle lines for your children. Dissolving a marriage or partnership can be as logistically challenging as it is emotionally draining, especially when developing a positive and effective co-parenting situation. Here are a few suggestions for creating and sustaining clear communication and responsibilities when you and your former spouse/partner no longer live or parent under the same roof. The Key Steps Toward Stability First and foremost, all co-parenting arrangements need a consistent plan for success. A written co-parenting plan should include the custody agreement, travel and/or relocation considerations, financial responsibilities for both parties, schedules (e.g., school pick-up/drop-off times and who is responsible for fulfilling these commitments), and details regarding the child’s education and health care needs. A document of this nature helps solidify both parties’ involvement and holds each accountable for what they’ve agreed to do on the child’s behalf. Additionally, it helps prevent disagreements or misunderstandings that could lead to arguing in front of the child/children, a scenario to avoid as much as possible. While a divorce may present logistical obstacles for one or both parents, it is critical to work toward maintaining the child’s existing friendships and activities, even if they require spending more time with one spouse over the other. For example, if your child’s best friend lives closer to your ex-spouse, accommodating the continuation of this close relationship will help your child maintain a sense of normalcy. The Risks of Reticent Relationships When the end of a marriage or relationship results in a breakdown in communication or cooperation, these fractured ties can have a potentially devastating impact on your child. Common effects of unhealthy co-parenting on children include reduced performance at school, lowered self-esteem, and difficulties in maintaining healthy relationships with others. If communication has devolved into acrimony or has resulted in either side failing to fulfill their parental duties, seeking counseling from a trained professional is one way to help steer the ship in the best possible direction for your child’s health and peace of mind.
a free consultation regarding your rights under the law. We have guided injured workers through the Pennsylvania Workers’ Compensation System for over 30 years and can give you the support and advice you need.
–Greg Kunkel
SLOW COOKER BRISKET
Ingredients
• 1 (1-oz) envelope onion soup mix • 1 tbsp brown sugar • 1 1/2 tsp kosher salt • 1/2 tsp ground black pepper • 1 3-lb piece of beef brisket (flat cut)
• 1 lb carrots, peeled and cut into 2-inch pieces • 1 lb baby golden potatoes • 3 celery stalks, cut into 1-inch pieces • 1 large sweet onion, cut into 8 wedges • 2 1/2 cups beef stock • 2 tbsp Worcestershire sauce • 2 tbsp cornstarch
• 8 fresh thyme sprigs • 8 whole garlic cloves • 2 bay leaves
Directions 1. In a small bowl, combine soup mix, sugar, salt, and pepper. Sprinkle over brisket. 2. Place meat, fat cap side down, into an 8-qt slow cooker. 3. Top brisket with thyme, garlic, bay leaves, carrots, potatoes, celery, and onion. 4. Whisk stock, Worcestershire sauce, and cornstarch until fully dissolved. Add to slow cooker. 5. Cover and cook on high for 5–6 hours until tender. 6. Remove to a cutting board, fat side up. Remove thyme and bay leaves. 7. Thinly slice brisket against the grain. 8. Serve with vegetables, drizzled with gravy from the slow cooker.
Inspired by ThePioneerWoman.com
Social Security Disability • Workers’ Compensation • Employment Rights • DUI Defense
KunkelLawFirm.com • 3
Kunkel Law Firm 724-438-3020
PRST STD US POSTAGE PAID BOISE, ID PERMIT 411
66C Lebanon Avenue Uniontown, PA 15401
INSIDE THIS ISSUE
1 2
When Can an Employer Stop Workers’ Comp Benefits?
What Snooze Button? The Ingenious Ways People Used to Wake Up
Who Knew Eating Could Get You in Legal Trouble?
3 4
Slow Cooker Brisket
Divorce Isn’t Easy, but Co-Parenting Can Be
The Chocolate Event That Had Kids Crying, Not Smiling
Published by Newsletter Pro • NewsletterPro.com
When AI Marketing Goes Horribly Wrong Willy’s Ruined Chocolate Experience
Never fail to deliver on a promise of chocolate to children.
(in some instances) a single jellybean served in what appeared to be an abandoned warehouse. The scenery was cheap, while the actors struggled to perform through hastily provided scripts. One character, The Unknown, was a masked and frighteningly attired figure that prompted youngsters to recoil and cry in fear. Perhaps most disturbingly, there was no chocolate to be found. Naturally, people called the police amid demands for refunds, and the lackluster affair was shut down. Subsequent revelations that creators used AI to generate the online marketing images and that the $44 event was not an officially sanctioned “Wonka” undertaking also brought into question House of Illuminati owner Billy Coull’s background, including his history of publishing AI-generated books on conspiracy theories and taboo subjects. Although Coull’s fraudulent and exploitative marketing scheme was reprehensible, it’s far from his worst transgression. Around the time House of Illuminati was shuttered in late 2024, he was forced to register as a sex offender after it was revealed he had followed up his “Willy’s Chocolate Experience” fiasco by sending unwanted explicit messages and images to an unidentified woman.
House of Illuminati, a London-based event company, learned this lesson the hard way when it hosted what angry parents and disappointed kids in Glasgow considered one of the biggest scams in children’s entertainment history. The disastrous day went from offering scant amounts of lemonade and jellybeans to prompting cries of terror and calls to Scottish police, and artificial intelligence was at least partially to blame. In early 2024, social media feeds in the U.K. were abuzz with vibrant images promoting “Willy’s Chocolate Experience,” an immersive event boasting chocolate fountains, costumed characters, and “a day of pure imagination and wonder.” Naturally, people assumed the event was a tie-in with the then-recently released film “Wonka” and a nod to the imaginary world created by the classic 1971 movie “Willy Wonka & The Chocolate Factory.” Unfortunately, what attendees experienced when “Willy’s Chocolate Experience” arrived that February was far from a fairy tale. Instead of rivers of sweets, they were treated to half-filled cups of lemonade and
4 • 724-438-3020
Social Security Disability • Workers’ Compensation • Employment Rights • DUI Defense
Page 1 Page 2 Page 3 Page 4Made with FlippingBook Ebook Creator