Tom Baumann was once again recognized as one of the top 50 lawyers in Pittsburgh by Super Lawyers. This is the 16th consecutive year Baumann has been recognized as a Super Lawyer. Specifically, he is listed as a Top Rated Workers’ Compensation Attorney in Pittsburgh by Super Lawyers.
Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. Only five percent of lawyers receive this designation and are chosen based off Super Lawyer’s patented multiphase selection process, nominations received, independent research and peer evaluations.
The Abes Baumann team congratulates Tom for achieving Super Lawyers’ status once again.
Many people after a worker’s compensation injury return to work with either the employer they were working for when injured or with a new employer while under restrictions for the work injury. This often involves the offer by an employer of a modified duty position. Sometimes, the injured worker returns to work making as much as he/she did prior to the injury. Other workers make less and received partial disability benefits. Both sets of workers are entitled to a reinstatement of total disability benefits if they lose the modified duty job through no fault of their own. This would include layoffs due to the business closing as a result of COVID-19 restrictions or as a result of the current economic downturn.
The workers’ compensation attorneys at Abes Baumann believe there is no inherent difference in how injured workers are treated when there is a layoff due to either the economy or restrictions caused by the pandemic. The case law in Pennsylvania tells us that injured workers who are working modified duty are entitled to reinstatement of total disability benefits if the worker loses the job “through no fault of his own.” Clearly, job losses caused by restrictions imposed by the government to deal with the pandemic falls within this definition.
If you have lost a modified duty job, please contact Abes Baumann for a free evaluation of your case. As always, you will not be charged unless the firm is successful in obtaining you benefits.
In follow-up to our prior posting – the Commonwealth Court of Pennsylvania recently issued its Decision regarding the precedent that professional football players are “seasonal employees” under the Pennsylvania Workers’ Compensation Act. In the case of Pittsburgh Steelers Sports Inc v. Workers’ Compensation Appeal Board (Trucks), Attorney Baumann had argued that Mr. Trucks signed a yearly contract with the Steelers and as such was required to perform year-round obligations for the team. In opposition, the Steelers had argued Mr. Trucks was just a seasonal employee.
The Court agreed with Attorney Baumann’s arguments. In rejecting the Steelers’ arguments and prior case law, the Court stated the facts and terms of Mr. Truck’s contract demonstrate that he was not a seasonal employee. Specifically, the Court stated Mr. Trucks’ contract covered 2 football seasons and included a number of performance obligations, which included the following: attend all mini-camps, pre-season training, all meetings, practice sessions, all pre-season, regular season and postseason games, any all-star games, cooperate with news media, attend 10 assigned appearances a year, and he was prohibited from playing football outside of employment. In exchange for performing these obligations, he received a yearly salary for those 2 seasons. Trucks obligations did not limit his activities to just the regular football season; therefore, the Court stated his employment was NOT seasonal.
As of January 1, 2020, founder and partner Ed Abes has retired after a more than 50-year career practicing law.
After graduating from Pennsylvania State
University and Duquesne University School of Law in Pittsburgh, Ed began his
career working for the State Workers’ Insurance Fund as a Special Assistant
Attorney General. In 1978, he decided to use his knowledge and experience of
Workers’ Compensation to establish a law firm dedicated to fighting for injured
workers.
Not long after opening the doors at Abes
Baumann, Ed began representing injured professional athletes as a member of the
Workers’ Compensation Panels of the National Football League Players
Association, the National Hockey League Players Association, and the
Professional Hockey Players Association. The Major League Baseball Players
Association also recommends Abes Baumann to their injured players.
In addition to practicing law full-time, Ed
has volunteered his time on a number of boards and committees including chair
of the Pennsylvania Bar Association Workers’ Compensation Section Liaison
Committee, which facilitates communication among the judges, administrators,
and attorneys of the Workers’ Compensation judicial system. Ed is past
president of the Pittsburgh Chapter of the American Civil Liberties Union and
past treasurer of the Allegheny County Democratic Committee.
Ed has won numerous industry awards and
accolades during his career. In 2011, Ed was elected to the National Academy of
Social Insurance. Super Lawyers Magazine has listed him as one of the top 5% of
lawyers in Pennsylvania since 2004 and also as one of the Top 50 Lawyers in
Pittsburgh. He has been recognized continuously since 2004 by Best Lawyers in
America as one of Pittsburgh’s Best Workers’ Compensation Lawyers.
On behalf of the entire firm at Abes Baumann,
we thank Ed for his years of leadership, mentoring and friendship.
We wish him all the best in his retirement.
Recently, Abes Baumann participated in an en banc argument before the Commonwealth Court of Pennsylvania revisiting the precedent that professional football players are “seasonal employees”under the Pennsylvania Workers’ Compensation Act. In the case of Pittsburgh Steelers Sports, Inc. v. Workers’ Compensation Appeal Board (Trucks), Tom Baumann argued that Mr. Trucks signed a yearly contract with the Steelers and as a year-round employee was required to perform year-round obligations for the team. Therefore, Mr. Trucks workers’ compensation benefits should be based upon the contract he signed.
Below, theWorkers’ Compensation Judge and Workers’ Compensation Appeal Board ruled in Mr. Trucks favor, finding his workers’ compensation benefits should be based upon the contract he signed with the Steelers. The Steelers appealed arguing that Trucks was a “seasonal employee.” The Commonwealth Court seemed skeptical of the Steelers’ claim that the contract was seasonal and questioned both sides on what constituted an NFL season. It appears that the Commonwealth Court will now revisit prior cases finding that football players are “seasonal employees”
See, “NFL Players Aren’t ‘Seasonal Employee’ Pa. Court Told” in www.law360.com for a summary of the Commonwealth Court argument.
As this year comes to a close we want to highlight our attorneys for being recognized as top in our field.
Best Lawyers has been regarded as one of the most credible measures of legal integrity and distinction in the country for more than 30 years. It truly symbolizes excellence in the practice.
Ed Abes, Tom Baumann, and Doug Williams were again recognized by Best Lawyers in America this year for their work. Ed has been named every year since 1995, Tom every year since 2005 and Doug since 2009. All were recognized in the practice area of Workers’ Compensation Law — Claimants.
Inclusion on this list is based on a rigorous peer-review survey comprising more than 8.2 million confidential evaluations by top attorneys.
In addition to being named Best Lawyers, all three were also named SuperLawyers in Pennsylvania, only about five percent of lawyers receive this designation.
The entire team at Abes Baumann salutes Ed, Tom, and Doug for these well-deserved recognitions.
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