Two Claimants' Attorneys Say Grand Bargain Unraveling

Tuesday, May 30, 2017 | 1

The grand bargain that is workers’ compensation is failing in Pennsylvania, according to a pair of Philadelphia claimants’ attorneys.

Morty Cassidy

Samuel H. Pond and Maureen “Morty” Cassidy, writing for The Legal Intelligencer, accuse employers and the insurance industry of “attacking innocent victims and violating the grand bargain.”

“The creation of the workers’ compensation was driven by the uncertainty of the tort system leaving an injured worker to sue a powerful employer in tort for negligence. The basic tenet of certainty to compensation for a work injury was the premise for giving up the right to sue, one of the most fundamental rights of our Constitution and the biggest political trade-off in American history. It effects every working American,” they wrote.

“Over time, our laws have shifted, allowing employers to limit or reduce benefits to injured workers, presenting new constitutional issues,” they added.

Medical benefits and treatment “are constantly under attack,” Pond and Cassidy assert, pointing to proposed House Bill 18, which would establish an evidence-based drug formulary tied to a national model to reduce opioid addiction.

“Insurance companies are regularly denying clearly compensable claims, forcing workers to fight in court for years,” Pond and Cassidy wrote.