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Mitchell Dugan
Works at Dugan & Associates
Attended University of Pittsburgh School of Law
Lives in Pittsburgh
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Mitchell Dugan

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2400, Ansys Drive, Canonsburg, Pennsylvania 15317
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Mitchell Dugan

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400 Penn Center Blvd, Suite 306, Monroeville, PA 15235
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Should I file for unemployment while my work comp case is pending?
https://www.hoffmannworkcomp.com/missouri-workers-compensation/

Applications for unemployment benefits can be used against you.  For example: you stop working, or are fired, because of your work injury.  You file for unemployment as you are desperate for money to pay bills.  Your unemployment claim includes a statement from you that “I can work”.   Meanwhile, your Work Comp attorney is pursuing the WC insurance company for wage loss benefits (TTD) because you allege that you cannot work due to your work injury.  The employer/insurer will subpoena your entire unemployment file.  

If you apply for unemployment, put in your application something similar to your situation such as  “I am off work as my employer fired me due to my restrictions from my work injury.  I will try to work out of necessity with my restrictions as I have bills to pay.”   

You don't want any statements in your unemployment case to come back and haunt your workers comp case.  Missouri work comp states that you cannot receive wage loss (TTD) from work comp while you are receiving unemployment checks. 

In Kenneth TILLEY, Respondent v. USF HOLLAND INCORPORATED, Appellant, and Treasurer Of Missouri as Custodian of The Second Injury Fund, Respondent, the ED court of appeals explained that an application for unemployment only means that an employee was willing to try to work : 

“Employer also argues Claimant is not entitled to temporary total disability benefits because of his application for unemployment benefits was “an affirmation that he was capable of substantial gainful employment and that he would seek employment.” However, the fact that Claimant filed for unemployment is not an admission that he could work but that he was willing to try to work. Claimant testified Employer told him it would not give him any work unless he was “[one hundred percent].” Claimant also testified that his union representative said no one would hire him because he had back surgery. Although the record indicates Claimant was willing to work, there was nothing in the record to show he was capable of working. Employer's assertion that an application for unemployment benefits demonstrates an ability to work fails and its reliance on Thorsen v. Sachs Elec. Co., 52 S.W.3d 611, 622 (Mo.App. W.D.2001)(holding while the claimant's “application for unemployment benefits is a factor to be considered, upon review of the record, we agree with the Commission and find that [the claimant] sufficiently carried his burden of proof that he was unable to work as a result of his injuries and was still working toward attaining maximum medical improvement during the periods for which the Commission awarded TTD.”) is misplaced.”

Also, the Labor & Industrial Relations Commission in Jefferson City, ruled in 2013, Lewis v. National Venders, that unemployment only cancels out TTD but does not offset PTD which are weekly payments made to the employee after reaching MMI  and who is found to be unemployable from any work: 

 "The Second Injury Fund urges us to grant to it a credit against its permanent total disability liability for periods during which employee was receiving unemployment compensation. The Second Injury Fund argues that allowing an individual to receive unemployment compensation benefits and permanent total disability benefits for the same period is not good public policy. We are not unsympathetic to the Second Injury Fund’s argument. However, we are bound to apply the law as the legislature enacted it. To that end we must construe the provisions of the Workers’ Compensation Law (Law) strictly.2

“Strict construction means that a statute can be given no broader application than is warranted by its plain and unambiguous terms. The operation of the statute must be confined to matters affirmatively pointed out by its terms, and to cases which fall fairly within its letter. A strict construction of a statute presumes nothing that is not expressed.”3

We find no language in the Law that allows us to deny permanent total disability benefits for periods during which employee received unemployment compensation. If we were to apply the Law as if it contained such language as urged by the Second Injury Fund, we would be extending the Law to matters not affirmatively pointed out by its terms in violation of the legislature’s mandate that we construe the statute strictly.

Law Office of James M. Hoffmann
314 361 4300 St. Louis, MO. 63144

 

 

 
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Hurt on the job? The law is becoming more specialized. Dugan & Associates has lawyers who have focused on practicing workers' compensation law for over 25 years. ‪#‎hurtonthejob‬, ‪#‎hurtatwork‬,‪#‎workinjurylawyer‬

http://www.dugan-associates.com/blog/2015/06/hurt-on-the-job-hurt-at-work-work-injury-lawyer.shtml
Hurt on the job, work injury, hurt at work? You need the experienced hurt on the job lawyers at Dugan & Associates 1-888-993-8426 (1-888-99-D-U-G-A-N). The law has become specialized. Similar...
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2002 McMinn St, Aliquippa, Pennsylvania 15001-2711
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6400 Brooktree Court, Wexford, Pennsylvania 15090
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Hurt on the job? The law is becoming more specialized. Dugan & Associates has lawyers who have focused on practicing workers' compensation law for over 25 years. ‪#‎hurtonthejob‬, ‪#‎hurtatwork‬,‪#‎workinjurylawyer‬
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The Pennsylvania Workers' Compensation Act requires employees hurt on the job to treat with a designated medical provider for the first 90 days of treatment. Your employer is not requred...
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In his circles
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Have him in circles
305 people
rosy williams's profile photo
Brandy Thompson's profile photo
Tony phan's profile photo
The Fishman Firm's profile photo
Mariano Morales Law's profile photo
Moses and Rooth Attorneys at Law's profile photo
Lisa Gloninger's profile photo
Shahrad Milanfar's profile photo
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Work
Occupation
Attorney at Law
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  • Dugan & Associates
    Attorney at Law, present
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Pittsburgh
Story
Introduction
A 1988 graduate of the University of Pittsburgh School of Law began practicing throughout western Pennsylvania. In 2000, after more than ten years of practice in personal injury and worker's comp law firms, founded Dugan & Associates, P.C. With more than 17 years of experience, Dugan & Associates, P.C. serve clients from Pittsburgh and throughout the surrounding region, including the cities of Altoona, Bethel Park, Butler, Greensburg, Johnstown, McCandless, McKeesport, Monroeville, Mount Lebanon, Penn Hills, Pittsburgh and Uniontown; the following counties: Allegheny, Beaver, Butler, Indiana, Washington and Westmoreland, and throughout the western Pennsylvania, Monongahela Valley, North Hills and South Hills regions.
Bragging rights
Pennsylvania Super Lawyer in 2007, 2008, 2009, and 2010 .
Education
  • University of Pittsburgh School of Law
    1988
  • Ohio University
    History, Pre-Law, 1984
    B.A. (Cum Laude)
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Male
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Birthday
January 26
Mitchell Dugan's +1's are the things they like, agree with, or want to recommend.
Hurt on the Job, Hurt at work, Work Injury lawyer
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If you suffer a Work Injury you might be wondering what next? Well here are some basic principles to keep in mind to protect you. If you hav

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If you suffer a Work Injury, Work Related Accidents take all forms. Most people when they think of workers' compensation think of a middle a

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Icy conditions causing Motor Vehicle Accidents ar pile ups and crashes in and around Pittsburgh last night and this morning. Dozens of Distr

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Work Injury Lump Sum Settlements, Pennsylvania Workers' Compensation
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Work Injury? Types of Workers' Compensation Benefits
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Have you or someone you know suffered a work injury? What are the types of Workers' Compensation Benefits? Most people are vaguely aware tha

Do I have a Personal Injury case for Compensation?
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Do you have a Personal Injury case? If you've been injured in an accident things can be a little chaotic. You may not be working. You or a l

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How does Workers' Compensation work with Preexisting Conditions? Most people don't go through life without accident, injury or illness. And

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