Samuel H. Pond managing partner with of Pond Lehocky Giordano LLP. Courtesy photo
Attorneys, as creatures of precedent and habit, can be lulled into believing that a way to do something is the way to do it simply because that’s the customary way it has been done. It’s one thing when support for such a custom can be found in a statute, regulation or case law. It’s a different story when the only support for a custom is that other people have done the same thing previously without pushback or consequence.
Unfortunately, the players in Pennsylvania’s workers’ compensation system seem to be following the latter, problematic, path. Today, much of what is happening in that system is based on custom, not the law or even best practices. Injured workers are suffering because of it.
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