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Questions Answered by Timothy Belt
2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: Case manager called on new claim. I missed it. Called him back twice, no return from him. Do I keep calling?

Dont want them to think I'm avoiding them, but don't want to be a pain in the butt either.

Timothy Belt
Timothy Belt
answered on Aug 11, 2016

First if we are talking about a nurse case manager, you have no legal obligation to cooperate with them at all. However, unless there is a specific reason why you want to talk to him, two call backs seems more than sufficient.

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2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: What happens if you had a workers' comp case in one state and moved to another.

I fell on my job in NY and eventually had to have back surgery. I had my sciatic nerve pinched for a year and was in and out of work before the surgery. My lawyer back then told me I have a permanant disability. This was in 2009. I was having serious pain in my leg and I went to the ER July of 2015... View More

Timothy Belt
Timothy Belt
answered on Aug 8, 2016

Unless there is a significant connection between the initial work injury and another state such as PA your claim would remain in NY. I would suggest you contact the attorney the helped you with the NY claim and determine the status of that claim and what needs to be done to obtain payment for the... View More

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2 Answers | Asked in Employment Law and Workers' Compensation for Pennsylvania on
Q: How long do you have to be off work before wc is responsible to start paying your lost wages .

I was injured on job 10 days ago been going to physical therapy for 1 week. Company has no light duty work available so I have no wages ,

Timothy Belt
Timothy Belt
answered on Aug 2, 2016

Attorney Munsing correctly states that you are entitled to wage loss benefits beginning when you have been off work for a week. I would add that once you have been off work for 2 weeks the wage loss benefits become payable from the date of injury forward. I would also agree that if you have not... View More

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1 Answer | Asked in Employment Law and Workers' Compensation for Pennsylvania on
Q: If I am on light duty and it is a workmans comp claim, and while on light duty am laid off who pays me unemployment or W

Had surgery on shoulder from a fall in April 2016. Upon returning have been on light duty. Layoff starts today 22 July. I am still on light duty

Timothy Belt
Timothy Belt
answered on Jul 23, 2016

In Pennsylvania workers' compensation law if you are laid off while working light duty as a result of a work injury you enjoy a presumption that the loss of earnings is related to your work injury. This should result in an automatic reinstatement of wage loss benefits. Workers'... View More

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: I was injured at work. Now i am temporarily totally disabled. Haven't heard anything from work. What should i do?
Timothy Belt
Timothy Belt
answered on Jul 23, 2016

Assuming your injury was properly reported by you to a member of management or another individual designated by the employer to accept notice of an injury, the insurance carrier has 21 days to accept or deny your claim. If your claim has been denied or if the 21 days has passed without your claim... View More

1 Answer | Asked in Employment Law and Workers' Compensation for Pennsylvania on
Q: Now the insurance company for my employer is requesting a recorded phone interview?

I recently asked for a second opinion regarding my injury. The second opinion said I should see an orthopedic specialist and asked why I wasn't on light duty sooner. now my employer changed Adjusters and said it was an upgrade the new adjuster just called and asked for a phone interview so she... View More

Timothy Belt
Timothy Belt
answered on Jul 21, 2016

I would suggest that you talk to a local workers' compensation lawyer before you decide whether or not you wish to do this recorded interview. Depending on the status of your claim this may or may not be a good idea; however, a proper evaluation of whether or not this would be in your best... View More

2 Answers | Asked in Workers' Compensation and Employment Law for Pennsylvania on
Q: My employer doesn't have a position for me, now what? I've been on WC since Feb 2016.
Timothy Belt
Timothy Belt
answered on Jul 19, 2016

If your employer does not have work and you remain on restrictions for your work injury, you enjoy a presumption that your loss of earnings is related to the work injury and your benefits continue until your employer/carrier convince a judge otherwise. Even if you have been released without... View More

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1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: Can my employer force me back to work if the doctor hasn't changed my limitations?

I was injured at work on 4/16. I filed an accident report and saw a doctor from my employers list. The doctor limited me to no lifting, pushing, or pulling over 10lbs. My employer could not accomodate this, so I have not been back to work, and am receiving WC benefits. I subsequently was... View More

Timothy Belt
Timothy Belt
answered on Jul 19, 2016

Assuming your injury has been properly recognized as compensable you are just outside of the initial 90 days, so not only are you free to treat off panel, but a Notice of Temporary Compensation Payable would have converted. This is significant in that even if you fail to return to the job, your... View More

2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: If I refuse to start PT before both MRI's, can they stop, deny or decline my workers comp claim????

My department is unionized mind you, anyway I got hurt on my job ten days ago and I work in PA but live in Delaware. I have several injuries; main ones are my lower back and shoulder. I’ve injured my lower back before six years ago with this same employer and was on workers comp back then as well... View More

Timothy Belt
Timothy Belt
answered on Jul 18, 2016

If they have not yet officially excepted your workers' compensation claim, they can certainly stop, deny or decline your claim. If it has been officially accepted using the correct Bureau document, they can still challenge your ongoing entitlement by arguing that but for your refusal to... View More

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2 Answers | Asked in Employment Law, Personal Injury and Workers' Compensation for Pennsylvania on
Q: I fell at work, was injured reported it to my employer and went the hospital. I just found they denied an injury occurre

I went to the er that night and the next day. I was diagnosed with several muscle strains yet they denied that I suffered a work injury?! It was on tape when I fell due to their broken leaking ice machine. I have hundreds of dollars in medical bills and lost wages from falling at work. I don't... View More

Timothy Belt
Timothy Belt
answered on Jul 18, 2016

All reputable workers' compensation lawyers will work on a contingency fee. If they do not obtain monetary benefits or a settlement for you, they do not get paid. Many workers' compensation lawyers will also advance costs so there is no out of pocket expense to you. You are unlikely to... View More

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2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: if a judge made you sign off on a workers comp claim and still to this day have issue can you reopen it?

My case was back in 2000 and it was there in Pennsylvania. I have had issues ever since but not sure I can do or should do anything. I was injured in Pennsylvania I have moved though and now live in WA.

Timothy Belt
Timothy Belt
answered on Jul 16, 2016

A judge cannot make you sign off on a workers' compensation claim. If the judge terminated your benefits or if you signed a Compromise and Release Agreement in 2000, it is very unlikely that anything could be done at this time.

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2 Answers | Asked in Health Care Law, Employment Law and Workers' Compensation for Pennsylvania on
Q: Can my employer stop my health insurance after 6 months of w/c? I have to pay back my part of the premium once return
Timothy Belt
Timothy Belt
answered on Jul 8, 2016

Workers' compensation does not provide any form of additional job security. If you have a union or a contract, that can provide additional protection. You may also obtain some job protection for 12 weeks under the FMLA. To answer your specific question, barring a contract to the contrary or... View More

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2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: I injured my elbow at work 4/18. Multiple physical therapy's 2 times a week and no improvement.+ pain Time for what?

I received very little support from my employer. We have a smaller food service cafe. Temps were of no use as they were barely trained. Majority of the work for 2 months fell on me. Pain daily I wear a brace when I sleep and a brace daily. Please advise.

Timothy Belt
Timothy Belt
answered on Jul 8, 2016

If you have not already done so, you need to report the injury to a member of management at your employer and complete an accident report. If the employer has a medical provider panel, you will need to treat with those providers for the first 90 days. The workers' compensation carrier is... View More

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2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: Does your employer or Workman's Comp liaison have the right to look at your past medical history from your doc?

I hurt myself (not at work) almost 2 years ago. I missed a lot of work and sought treatment (all at my expense). I now have a new job and injured myself except it's the same symptoms as before. Do I have to tell WC about the old injury? Are they allowed access to my medical records? Can they... View More

Timothy Belt
Timothy Belt
answered on Jul 8, 2016

By making a workers' compensation claim you essentially waive your normal privacy rights in regard to your medical history. If you do not tell them about the prior injury, they are still all but guaranteed to eventually find out about it, and your failure to disclose will be used to make you... View More

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1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: Are foot bunion's covered by workman's comp in Pennsylvania
Timothy Belt
Timothy Belt
answered on Jul 7, 2016

Any condition is potentially covered by workers' compensation in Pennsylvania so long as you are able to demonstrate through unequivocal medical evidence that the condition was caused by the job duties.

2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: I forgot to make an appointment to see my primary care physician today. Will this effect my workers comp.

I forgot to make my appointment. So my appointment will be closer to 120 days rather than 90 days. Although I did see my orthopedist for my post operative appointment only 2 weeks ago. My question is whether or not this will effect my works comp.

Timothy Belt
Timothy Belt
answered on Jul 1, 2016

Any significant gap in treatment may impact your workers' compensation claim. It sounds like you are seeing several doctors which may reduce any potential impact if you see one or more of them while waiting to see your PCP.

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1 Answer | Asked in Employment Law and Workers' Compensation for Pennsylvania on
Q: I had surgery, employer only pays for 90 days, is this right? I cannot do my job what is going to happen?
Timothy Belt
Timothy Belt
answered on Jun 24, 2016

Under a Notice of Temporary Compensation Payable, the employer has the right to withdraw acceptance of the claim within the first 90 days. If they fail to do so, the document converts to a Notice of Compensation Payable under which you are potentially entitled to payment for related medical bills... View More

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: What do it mean after a wc agreement and the judge sent a letter for a 30 executed agreement do i get paid in 30days
Timothy Belt
Timothy Belt
answered on Jun 23, 2016

Without seeing the document, it is impossible to answer your question. If you had a lawyer for claim, I would suggest you review this letter with them.

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: I injured myself 2013. Yes was under wc. Last week aggrevated same injury.

Went back to wc, put on light duty. Light duty us not light duty. Saw wc dr. Tried to tell her its hurting. She said your xray looks fine. I said still hurts. She said nothing more we can do for you. It took 2 yrs to recover last time from tailbone injury. I just want treatment dont know... View More

Timothy Belt
Timothy Belt
answered on Jun 23, 2016

If you had a lawyer for the 2013 injury, giving them a call would be a great place to start. In PA aggravation of a pre-existing condition is considered a new work injury, but drawing the line between a true aggravation and a flare up of the old injury can be tricky. If you did not have a lawyer... View More

2 Answers | Asked in Employment Law and Workers' Compensation for Pennsylvania on
Q: How can I protect my job if my surgeon is recommending a 2nd surgery within a 12 month period?

I had rotator cuff repair surgery on 9/18/2015. I returned to work, with restrictions on 1/11/2016. The recovery has not been successful, and the surgeon is recommending a second surgery. I am not eligible for FMLA until 1/7/2017, but the doctor says if I wait that long, the surgery is likely to... View More

Timothy Belt
Timothy Belt
answered on Jun 20, 2016

Unfortunately, workers' compensation does not provide any form of added job security. If you have a union or a contract, that may provide some additional protection.

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