Introduction

Are you afraid that filing a Workers’ Compensation claim will cost you your job? In this essential episode of The Jeff Gross Show, Jeffrey Gross, a certified specialist with over 35 years of experience, breaks down the myths and “BS” tactics used by employers to deny legitimate claims. From the refrigerated “safety booths” of South Philly to the hidden rules of pre-existing conditions, this episode is a survival guide for the Pennsylvania workforce.

Top Takeaways:

• The Retaliation Myth: While you can be fired for legitimate economic reasons, firing you because of a Workers’ Comp claim is “employment suicide” for an employer. Learn how the Schick case protects your rights.
• The “Light Duty” Trap: Employers often create “fake” jobs—like watching the same safety video for eight hours a day—just to stop paying your benefits. Jeff explains why you must attempt these jobs in good faith and how to challenge them if they are a ruse.
• Pre-Existing Conditions: Did you know that aggravating an old injury is still 100% compensable? The biggest mistake you can make is lying about your medical history. Honesty is the only way to protect your credibility in front of a judge.
• Labor Market Surveys: Insurance companies hire “vocational experts” to find you a job you can’t actually do. Find out how Jeff uses his own experts to cut through the noise and protect your monthly checks.

Injured at work? Don’t wait until your rights are signed away. Contact Jeff Gross directly on his cell: 215-512-1500

Transcript: The Jeff Gross Show

Date: December 2, 2025

Topic: Things People Should Know About Workers’ Compensation But Don’t

Host: Jeffrey Gross, Esq. (Gross & Kenny LLP)

Co-Host: Joe Dougherty

Joe Dougherty: Hi, ladies and gentlemen, welcome to the Jeff Gross Show here on WWDB Talk 860. We’ve got an awesome show, just a lot to talk about. Jeff Gross, how are you, sir?

Jeffrey Gross: Doing well, Joe. How are you? Fantastic. It’s been a great Thanksgiving weekend.

Joe Dougherty: It’s great to see you, my friend. Before you start, just remind everybody real quick about yourself and Gross & Kenny.

Jeffrey Gross: My name is Jeff Gross, and I handle all workers’ compensation claims, all the time, only for the injured worker. I do not represent insurance companies. I do not represent employers; only injured workers. I’ve been doing this for over 35 years. I’ve been handling exclusively workers’ compensation claims since that time. And when I say that’s all I do, that’s all I do, so I have it down to a science. I handle it within my firm, which is Gross & Kenny LLP in Philadelphia. We only handle workers’ compensation in the firm. It’s not like we do a lot of different things as a “Jack of all trades.” We just specialize in workers’ compensation, and we are all certified specialists in workers’ compensation, as promulgated by the Supreme Court of Pennsylvania. We have a very interesting specialty there, and that’s what we do.

Joe Dougherty: It is amazing. I mean, it’s such a specialty that, like you said, it’s recognized by the Supreme Court of Pennsylvania. By the way, I just got done with a broadcast with Kevin Dougherty, who is on the Supreme Court of Pennsylvania. The theme of today’s show is things injured workers don’t know about workers’ compensation in Pennsylvania but need to. Let’s go right down the list. First: job protection and employer retaliation. One of the first questions people ask is, can an employer fire a worker for being injured on the job and filing a workers’ compensation claim?

Jeffrey Gross: First of all, the first thing people ask me—if they’re very concerned—is because they’re used to working and now they’re not. They’re injured at work and they’re not able to do their job. People who have been working for years and years feel out of sorts when they’re not working; they feel that they’re “defective,” or that they’re letting people down, including their family and their employer. I liken it to when you’re on an airplane. One of the things you hear in the safety briefing is “put your own oxygen mask over your own face before helping others.” They tell you that because you can’t help anyone else unless you can help yourself. People that get hurt at work need to stand up for themselves, but they can’t always because they don’t know what to do—which is where I come in.

They say invariably, “Jeff, I don’t know what to do. I’m afraid I’m going to get fired.” The answer is: too bad for the employer. They won’t terminate you for making a workers’ compensation claim because that would be employment suicide. If they fired you and said, “You’re fired for making this claim,” you would have a wrongful termination claim against them. There is a very famous case called the Schick case that deals with this. The Supreme Court said you can’t do that; it’s discriminatory and a violation of your rights. 공식적으로 officially, you won’t get terminated for making a claim, but many employers will terminate you under some other ruse that has nothing to do on paper with workers’ comp. They will say, “For economic reasons, we’re eliminating your position,” or “You were late several times,” or “You parked in the wrong spot.”

If they terminate you “for cause,” meaning it’s your fault, that precludes you from making an unemployment compensation claim. Workers’ comp is for people hurt at work; unemployment is for people fired through no fault of their own. I use the fact that they were terminated to show it wasn’t for cause, because the employer very rarely will challenge an unemployment claim. If they get unemployment, it shows they haven’t done anything wrong, which helps the workers’ comp claim. If you’re terminated, they lose control over you—they can’t make you come back to some “BS” job in a modified or light-duty position. The rule is: if you’re injured at work and can only do a modified job, but they’ve terminated you through no fault of your own, they must reinstate you onto workers’ compensation. My goal is to protect your rights. You can always get another job somewhere else, but I endeavor to keep your job as an option for you.

Joe Dougherty: Have you ever seen an employer try to dig in and oppose the unemployment to hurt the comp case?

Jeffrey Gross: Yes. I had a situation where a client was fired for something allegedly “untoward.” I told him to apply for unemployment. It was denied initially because of the employer’s lies. I represented him in that unemployment hearing and I won. I then used that very same decision as persuasive evidence in the workers’ comp claim, and it was granted at the end of the day.

Joe Dougherty: I imagine you look at the track record of the worker. If they’ve been there 10 years with an exemplary record and suddenly they are hit with accusations right after an injury, that’s a pattern.

Jeffrey Gross: Yes, I use that for both proceedings. Employers aren’t dumb; they have counsel. Their attorney will tell them they need to develop a pattern of warnings or a track record to show the referees. If a worker has a clean record up until the injury, those sudden warnings look awfully suspect. Referees and judges generally resolve doubts in favor of the employee. The system was designed for that purpose.

Joe Dougherty: What are the consequences for the employer if they unlawfully terminate someone?

Jeffrey Gross: That is where it gets interesting. In the employment world, damages include reinstatement or collateral benefits. However, there is a conflict: in workers’ comp, you are proving you cannot work; in unemployment, you must be “ready, willing, and able” to work. We twist that to say “ready and able to do modified-duty work,” even if you can’t do your regular job. You have to be careful how you tread because the workers’ comp case is usually the bigger case. You don’t want to give that up by saying you can work your regular job.

Joe Dougherty: That’s why you need an attorney. Let’s segue to light duty. What are the rules in Pennsylvania?

Jeffrey Gross: Every case is different, but here are some pointers. If you are a laborer and can’t lift or push due to a lower back injury, the employer might offer you modified duty. Why would they do that? Do they love you? No. They’re doing it to get out from under paying the workers’ comp claim. It’s a felony in Pennsylvania not to have workers’ comp insurance. Most employers pay premiums to an insurance company. When a claim happens, the adjuster’s job is to minimize it. They tell the employer, “Create a light-duty job so we don’t have to pay wage loss benefits, and I’ll save you money on next year’s premium. If you don’t, we’re raising your rates.”

The employer then creates a job, sends a certified letter detailing the requirements and pay rate—which must be the same as your pre-injury rate, or the insurance has to pay the difference. If the employee fails to attempt that job, they will file a “modification petition” asking a judge to stop your benefits. If it’s your regular job, it’s a “suspension petition.” I counsel my clients to try the job to show good faith. If you try it and can’t do it, we have 21 days to file a challenge petition to reinstate benefits immediately. If you stay longer than 21 days and then quit, you have to file a reinstatement petition which could take a year.

Joe Dougherty: I’ve heard nightmares about light duty, like putting iron workers in a trailer to count bolts and put them together and take them apart all day.

Jeffrey Gross: They do extreme stuff. I had a case involving a famous meat factory in South Philly. They told my client, “We have a job for you—same pay.” He had to sit in a little booth in the warehouse from 9:00 AM to 5:00 PM and watch 15-minute safety videotapes. When the tape ended, he had to rewind it and play it again. For eight hours a day. The Supreme Court says if the job is within your restrictions and not illegal, it’s a valid offer. They do this hoping the employee will quit after five days.

I went undercover with my client’s doctor in the mid-90s. I had a crude video camera. We walked in—they didn’t even ask for ID. It was freezing in there—57 degrees because the booth was in a refrigerated area. One of the assistants was shooting spitballs with a straw over the top of the glass booth at my client. The chairs were hard plastic, contoured, with no cushion, which ruined his back. The sign on the door said “safety area” but they were harassing him. I used my pictures and video for the judge, and I won the case.

Joe Dougherty: That is extreme. Let’s take a quick break and we’ll be back with more.

[Commercial Break: Teach.org]

Joe Dougherty: Welcome back. We’re talking about the things people should know about workers’ comp but don’t. We’ve covered retaliation and light duty. Jeff, is there a conclusion you want to give on those before we move to pre-existing conditions?

Jeffrey Gross: Yes. To be clear: you can be fired while on workers’ comp, but you can’t be fired because you’re on workers’ comp. An employer isn’t forced to hold a job open forever if they can’t afford it. But if they offer you your regular job without restrictions and you know you can’t do it, your doctor should write a letter explaining why. If it’s modified duty, you should attempt it. If they terminate you while you are on modified duty through no fault of your own, they must reinstate your workers’ comp. That’s the law.

Joe Dougherty: What about pay and medication issues?

Jeffrey Gross: They offer the same pay to achieve the modification/suspension of benefits. Regarding medication: if you are on prescribed narcotics that make you woozy, you shouldn’t be driving or operating heavy machinery. If they force you to do that, it’s a valid reason to refuse the work. I had a client on security detail who fell asleep because of his medication; they had him on video, but we handled it. If the job poses a risk to the public or a safety hazard, you shouldn’t be doing it.

The biggest problem with modified duty usually involves union workers. Union members have a Collective Bargaining Agreement (CBA). If a modified job violates that CBA—for example, asking a journeyman iron worker to do apprentice work like “punching bolts”—you can’t accept it. You’d be knocking an apprentice out of work. It’s a dual-purpose rule to protect all workers.

Joe Dougherty: Let’s talk about Labor Market Surveys.

Jeffrey Gross: If the employer has no light duty available, the insurance company hires a vocational counselor to interview my client about their hobbies, education, and background. They don’t offer a job; they point out 10 jobs available within a certain radius of where the client lives. They tell the judge, “He can do these jobs medically and vocationally, so stop his benefits.” I have my own vocational experts to counter this. They use a “transferable skills analysis.” For example, if a welder loses an arm, they’ll say, “He can still read blueprints, so he can teach blueprint reading.” I then bring in an expert to say, “He has a persistent stutter and no educational background to teach; he isn’t capable of putting a program together.” There is always a way to defend these claims.

Joe Dougherty: Let’s talk about pre-existing conditions. People get injured, go to the panel doctor, and the doctor says, “This is pre-existing.”

Jeffrey Gross: This happens all the time. They’ll find degenerative disc disease and deny the claim. But the rule in Pennsylvania is that an aggravation of an underlying pre-existing condition is compensable. If you hurt your knee in high school and aggravate it at work at age 45, you are entitled to treatment and pay. The big mistake unrepresented people make is saying, “I never had an injury before.” When the insurance company finds the records from when you were 15, they’ll deny the claim for lack of truthfulness. Be honest! Tell the judge, “I had a problem, but I was good to go until this accident.” If you lie, you lose.

Joe Dougherty: Does the judge ever hold it against the insurance company for lying to the client and telling them pre-existing isn’t eligible?

Jeffrey Gross: My clients get to testify. They can say what a supervisor told them. If a boss told you to lie to the ER and say you got hurt at home, and that comes out to the judge, you should be able to win. That’s why you must tell your lawyer everything. If the lawyer doesn’t know about those threats, they get overlooked.

Joe Dougherty: Have you ever cross-examined a claims adjuster about lying?

Jeffrey Gross: Yes. I’ve found “smoking guns” in files where it says, “Deny this claim in all respects, no matter what.” That totally blows up their defense. We can talk more about that next time.

Joe Dougherty: Jeff, contact info?

Jeffrey Gross: Best place is my cell: 215-512-1500. You can call anytime. No out-of-pocket costs.

Joe Dougherty: Thanks for listening, everyone, and happy holidays!