Franich Law Office LLC

08/20/2025

Philadelphia Police Officer Wins Right to Add PTSD to Workers' Comp Claim
A Philadelphia police officer who was severely beaten by a robbery suspect in 2017 has won the right to add a psychological injury to his workers’ compensation claim. The officer, Michael N. Lewis, Sr., had previously settled a claim for physical injuries but later sought to amend it to include post-traumatic stress disorder (PTSD). The city of Philadelphia, his employer, argued that the claim was barred by res judicata, a legal doctrine that prevents the relitigation of a settled claim. However, the Commonwealth Court reversed a lower board's decision, finding that the PTSD claim was not barred because the psychological injury was not known at the time of the initial settlement. The court noted that Lewis was embarrassed to seek treatment for his mental health issues and that the severity of his symptoms, including suicidal thoughts and flashbacks, worsened over time, prompting him to file the second petition.

04/10/2025

Workplace Safety Agency Job Cuts Draw Bipartisan Criticism
The Trump administration's decision to significantly reduce staffing at the National Institute for Occupational Safety and Health (NIOSH) is facing growing opposition, including from the United Auto Workers (UAW) and Republican Sen. Shelley Moore Capito. The UAW, representing approximately 400,000 active members, condemned the cuts, which are part of a broader wave of terminations across the Department of Health and Human Services (HHS) under newly appointed Secretary Robert F. Kennedy Jr. The reductions, affecting nearly 900 NIOSH employees, also include those working on the World Trade Center Health Program. Sen. Capito, who had previously voted to confirm Kennedy, expressed "extreme concern" over the cuts, particularly those affecting the NIOSH office in West Virginia, and pledged to appeal the decision. A coalition of organizations, "Friends of NIOSH," also sent a letter to senators urging them to reverse the cuts, emphasizing the importance of NIOSH's mission in protecting the American workforce.

Gerry Smith, Bloomberg 4/8/2025

05/11/2024

05/11/2024

A nice view from the water.

04/09/2024

January 6 prisoners are not hostages. They are convicted criminals. Everyone should read the Notes for Sentencing of Taylor James Johnatakis by Royce C. Lamberth, United States District Judge.

02/21/2023

Causation is one of the most litigated issues in both personal injury and workers' compensation cases. It is important to understand the difference in the causation standards in the personal injury cases versus Worker’s Compensation cases. In both systems, the event must be a cause in fact of the damages. In a personal injury case, the usual question is whether the act or failure to act was so important in bringing about the harm that a reasonable person would regard it as a cause and attach responsibility to it. Civil Jury Instruction 3.06. The question is different in the Workers’ Compensation system, where under AS 23.30.010:
… the board must evaluate the relative contribution of different causes of the disability or death or the need for medical treatment. Compensation or benefits under this chapter are payable for the disability or death or the need for medical treatment if, in relation to other causes, the employment is the substantial cause of the disability or death or need for medical treatment. (Emphasis added.)
An event might therefore be a proximate cause in the personal injury system, but not “the substantial cause” in the Workers’ Compensation system.