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Questions Answered by Timothy Belt
2 Answers | Asked in Workers' Compensation, Appeals / Appellate Law and Sexual Harassment for Pennsylvania on
Q: What can I do if my employer gave me a fraudulent workers comp number to provide to health care providers?

This was done twice which kept me from recovering as I should have

Timothy Belt
Timothy Belt answered on Jun 11, 2018

I agree with attorney Neiman. Getting a lawyer involved can resolve a number of issues, and unless there is litigation-in which case you would need a lawyer regardless-there is no fee to you.

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1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: Can I get workers compensation for food poisoning caused by a lunch that was provided by my job?
Timothy Belt
Timothy Belt answered on Jun 9, 2018

If you can demonstrate that you did indeed receive food poisoning from a lunch provided by your job, that workers' compensation is a possibility. It is important that you understand workers' compensation only pays related wage loss and medical in most cases. Workers' compensation... Read more »

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: I was injured at work-I got a 90 day letter from the state-workers comp hasn't returned my calls. Will they stop paying?

I reported an injury nearly 3 months ago. The first doctor thought I just tore a muscle, but my symptoms got worse. It was later I found out that I have a cervical disk herniation. I'm working full time, light duty. I got a letter in the mail from pa workers compensation stating coverage may... Read more »

Timothy Belt
Timothy Belt answered on May 26, 2018

It is impossible to accurately answer your question without seeing the documents, but I am assuming what you received is a Notice of Temporary Compensation Payable. If this Notice is not withdrawn within 90 days it converts to a Notice of Compensation Payable. Conversion means that the... Read more »

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: Can a company force you to sign a Family Leave Act under workman's comp issues

I live in Pennsylvania but work in New Jersey can a company force you to sign a Family Leave Act as part of a workman's due to my health issues I need to use the Family Leave Act later on down the line was told if I'm do not sign the papers I will be forced to lose my benefits from the... Read more »

Timothy Belt
Timothy Belt answered on May 24, 2018

FMLA is to provide you with job security that you would not have under workers' compensation alone. If the situation warrants, the employer can require that FMLA time is used for a work injury. From what you describe, it sounds like the employer is giving you a choice of preserving the... Read more »

2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: Am told I needed 5 grand for a deposition. Then I'm told the other party paid for it is this possible
Timothy Belt
Timothy Belt answered on May 16, 2018

There are several possibilities, and as Glen correctly pointed out, your attorney is the only one that would be able to answer your question. However, if there was a recent decision, that decision may have ruled that the other side is responsible for this cost. Another possibility is that the... Read more »

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2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: how hard is it to change lawyers in a workmans comp case

the case is 20+ years old

Timothy Belt
Timothy Belt answered on May 13, 2018

You always have the right to change lawyers. The difficulty is in regard to potential fee splits between the new lawyer and the previous lawyer and whether or not a new lawyer will be willing to accept your claim. I would suggest that you sit down with your current lawyer and try to work out your... Read more »

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1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: Are Uber drivers eligible for workers' compensation if they're injured while driving passengers?
Timothy Belt
Timothy Belt answered on May 12, 2018

I am not aware of an appellate case that has addressed Uber. However, the distinction between employee and independent contractor is a question of a number of factors the most important of which is control of how the work is performed. Since the initial consultation is free, I would suggest that... Read more »

1 Answer | Asked in Employment Law and Workers' Compensation for Pennsylvania on
Q: I was on work and comp 6 years ago and they said they overpaid me and were taking $300 a check to pay it back until I

Went back to work. I never paid it all back. Can they take it out of a new workman’s comp case?

Timothy Belt
Timothy Belt answered on May 12, 2018

There should not be any connection between the 2 claims in regard to a credit.

1 Answer | Asked in Employment Law and Workers' Compensation for Pennsylvania on
Q: I injured my shoulder 1 1/2 months ago. Been on light duty until I got laid off today. For lack of light duty work.

I’m curious as to where I stand in this process. I’ve seen a comp dr. Twice in the last month and I’m on one arm work only. I’m curious as to where I stand right now in the process. I’m told to talk to the claims adjuster again on Monday.

Timothy Belt
Timothy Belt answered on Apr 28, 2018

If your work injury has been accepted, you enjoy a rebuttable presumption when you are laid off from a modified duty job that your loss of earnings is related to the work injury. In other words you have a strong claim for wage loss benefits under the the PA Workers' Compensation Act. This... Read more »

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: I am currently getting treatment for work injury. I was injured at work again and am in more pain what are my options.

I have to see a neurosurgeon about my neck and the pain is worse since the second accident at work. Since I have the appointment this week I was told I did not need to go back to the doctor I could wait until I see the neurosurgeon Tuesday and my WC doctor on Thursday. I'm not sure at this... Read more »

Timothy Belt
Timothy Belt answered on Apr 2, 2018

First, you have posted in a PA thread, so if this is not a PA injury the answer provided may not apply. I would first strongly suggest that if you have not reported the second injury, that you do so. In regard to an attorney, there really isn't a downside in getting an attorney involved.... Read more »

2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: If comp has been paying for my neck injury but has not formally accepted it how do I get it accepted

They accepted arm elbow shoulder but had an ime say he did not think neck happened at same time .but it did.I’ve complained about it the whole time the panel doc said cervicle strain.had mri.herniated disc 5-6 stenosis 3-7 2bulging discs and osteophyte complex.have Radiculopathy in right shoulder... Read more »

Timothy Belt
Timothy Belt answered on Apr 2, 2018

If the carrier is not accepting the neck as part of your injury, you will need to file a petition and take the matter before a judge. The process is rather complicated, so I would strongly suggest that you talk with a local workers' compensation attorney and obtain representation to assist... Read more »

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2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: I got injured at work. I have received a denial notice of workers compensation. How can I appeal this decision?

I got injured at work. My lung popped up when I pulled a heavy box from a top shelf. I reported my injury and same night I was hospitalized. I had a surgery and I was staying off work for 7 business days. This accident happened to me at work due to heavy duty performance. My doctor said it is a job... Read more »

Timothy Belt
Timothy Belt answered on Mar 31, 2018

You would need to file a Claim Petition for Workers' Compensation benefits. You would then need to present evidence to a judge consisting of testimony and medical opinions. This is a rather complicated process, so I would agree with Attorney Neiman that you are better off obtaining a local... Read more »

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1 Answer | Asked in Employment Law and Workers' Compensation for Pennsylvania on
Q: I slipped on ice starting my work issued vehicle for a meeting scheduled before normal start of business and injured my

Arm. Is this covered by workers comp insurance my employer says no since I was at home. I think yes because I was only starting the van before I was scheduled to clock in because of the managers meeting. My van is co.pany issued and I travel most of my day as a project manager. The managers meeting... Read more »

Timothy Belt
Timothy Belt answered on Mar 28, 2018

My answer is maybe. The coming and going rule would normally preclude a claim, but there are exceptions for traveling employees, or travel for special assignments. It could also make a difference if the van is provided by the employer. It would be worth a meeting with a workers'... Read more »

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: Whats it mean when the interlocutory motion is denied for auto reinstatement of benefits by the judge? Work injury....

Obvious Work injury in front of 2 witnesses. Insurance company denied. Went to 5 therapies and still continuing therapy twice a week from head/back injury. Attorney filed a petition for benefits. Employer paid me WC benefits for first few months then denied out of nowhere. Then judge denied... Read more »

Timothy Belt
Timothy Belt answered on Mar 17, 2018

From your question it sounds like you already know that it means you are not getting paid during the litigation of the petition. It also sounds like you have a lawyer, so you would be better off addressing legal questions to your lawyer who knows the facts of your case than to a bunch of lawyers... Read more »

1 Answer | Asked in Personal Injury and Workers' Compensation for Pennsylvania on
Q: Comp adjuster wants all medical records. the request covers "ALL" records. What must I allow them? Pa.

At this time, I do not think they are disputing the injury.

Timothy Belt
Timothy Belt answered on Mar 5, 2018

You do not have to sign an authorization at all. Your medical providers for the work injury will submit copies of their records when they submit their bills for payment. That being said, the adjuster will often pressure you to sign an authorization, and it is not unheard of that an adjuster will... Read more »

1 Answer | Asked in Employment Law and Workers' Compensation for Pennsylvania on
Q: Work called said my IME report says I can return to my full duties @ work as of friday(Secretary @ work was if Thurs).

Saw Dr on Thursday, he still has me off work. I still have trouble walking and standing long time, right now with crutch or cane. What do I need to do?

Timothy Belt
Timothy Belt answered on Mar 5, 2018

A conflict between the IME doctor and your treating doctor as to ability to work is fairly common. If you are receiving benefits for an accepted claim, the workers' compensation carrier would need to obtain a decision from a judge or a signed agreement from you before they can stop paying... Read more »

2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: I was injured at work and had surgery the doctor released me for light-duty only. I was told I had to go to physical

therapy. I was told that the time would have to be taken out of my lunch or off the clock is this true?

Timothy Belt
Timothy Belt answered on Feb 16, 2018

If the treatment is available outside of your regular working hours, you are required to schedule accordingly; however if the treatment is not available outside of working hours, you can still attend and you would be potentially entitled to wage loss benefits through workers' compensation.... Read more »

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2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: Can I still get medical treatment after signing a compromise and release agreement?

I had an accident in 2016 and I have been in physical, speech and occupational therapy for more than 6 months. I haven't receive a single dollar from my ex employer for time loss. They are taking me to court to sign a compromise and release agreement and pay me a small sum of money to settle... Read more »

Timothy Belt
Timothy Belt answered on Feb 11, 2018

If you sign the Compromise and Release Agreement you will only receive what is in the agreement. It is unlikely that the agreement will allow for payment of ongoing medical bills, and you cannot file suit against your employer. You must pursue your damages through workers' compensation.... Read more »

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2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: I got hurt on the job and filed a workman's comp claim. Is it legal for my employer to take my vacation days?

I am not allowed to go back to work until I can do full duty. While I am off work, my employer is taking my vacation days. Is that legal?

Timothy Belt
Timothy Belt answered on Feb 10, 2018

If you have vacation days available, your employer may require you to use those vacation days while you are out of work for your injury; however you may be entitled to payment of workers' compensation wage loss benefits in addition to the vacation days without a credit to the employer or the... Read more »

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2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: I won my work comp case and the apeal was denied still 70 days no money it's bin 2yrs and 4 mths since the injury
Timothy Belt
Timothy Belt answered on Feb 7, 2018

Assuming you have an attorney, I would agree with Glen that you need to contact him regarding this issue. If you do not have an attorney, you should obtain one.

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