Clemens & Vitullo P C
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Don Clemens and Patrick Vitullo have a combined total of over 60 years of experience in this highly specialized area of Pennsylvania law that affects thousands of Pennsylvania citizens daily, whether on a temporary or permanent basis. They have successfully litigated hundreds of workers' compensation cases for their injured clients. All the work is done on a highly personalized basis.

Simply Put: They Do The Work Themselves! Your case is not handled by a paralegal. It is handled by a senior attorney with many years of experience. This policy differentiates Clemens & Vitullo, P.C. from many other law firms. Our concentration and primary practice area remains in workers' compensation.

However, through our extensive Attorney Referral Network, Clemens & Vitullo, P.C. can further assist you, by means of referral to a reputable experienced attorney with regard to other areas of law such as Personal Injury, Social Security Disability, Medical Malpractice, Product Liability, and other areas of Employment Law and Industrial Industry Litigation.
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CLEMENS & VITULLO, P. C. is a small law firm situated in Plymouth Meeting, PA highly specialized in only one area of law: industrial injury litigation, or as it is more commonly known, "workers' compensation."
Because we started our workers' compensation careers as defense attorneys, representing the insurance companies, we know the other side, their tactics, motives and thought processes better than any other practicing plaintiffs' firm.
With our comprehensive knowledge of the entire workers' compensation system, we can maximize your recovery and at the same time protect you medically and thus protect your family from harm inflicted when you become disabled from a work injury.
A 33-year workers' compensation practitioner and co-founding partner of CLEMENS & VITULLO, P.C. Admitted to the Pennsylvania Bar in 1979, he began his workers' compensation career as a defense attorney working as Assistant Chief Counsel for the Pennsylvania State Workers' Insurance Fund (SWIF), representing the Commonwealth of Pennsylvania in workers' compensation cases against injured workers.
Mr. Clemens quickly moved to the other side though in 1984 when he joined George Martin and Martha Hampton at Martin, Clemens & Hampton.
The following are some suggestions based on our observations and sixty-plus years of workers' compensation experience.
Some or all of these suggestions may apply to your particular case.
These are just general guidelines.
Generally speaking, if you are awarded temporary total disability benefits, the insurance company is required to send you checks on a periodic basis.
Some insurance companies pay weekly, others biweekly.
It is extremely critical for you to keep a written record of each and every check.
One of the more dramatic amendments to the Pennsylvania Workers' Compensation Act occurred with the passage of Act 57, specifically, Section 306(b).
This section controls the determination of partial disability and "earning power" calculations for work-injured employees.
While the calculation of the partial disability remains the same (66 2/3% if the wages of the injured employee, as defined in Section 309), the entire concept of "earning power" has been altered.
240 532 A.2d 374 (1987).
In Kachiniski, the Supreme Court required four factors to be established by the employer seeking to modify or suspend claimant's benefits based on alternative work: (1) proof of medical evidence that the employee's condition changed; (2) actually available employment within those limitations; (3) the burden then shifts to the claimant's good faith effort to follow through with the job referrals within the medical clearance; (4) and if the referral fails to result in a job, then the claimant's benefits continue.
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