From your question it sounds like the carrier accepted the injury using a Notice of Temporary Compensation Payable which can be withdrawn without penalty to the employer during the first 90 days. If you are still having problems, you will need to file a Claim Petition to bring the matter before a... View More

You can receive it, but you would need to report it to workers' compensation as income, and there would be a credit against the wage loss benefits to which you are entitled. It could also open the door for the workers' compensation carrier to hire a vocation expert to determine what you... View More

Whether or not an individual is an employee or a subcontractor is a factual determination that depends on a number of things including the industry. If your business is involved in construction, different rules apply. The primary factor is control. Who sets the schedule. Who assigns the work.... View More

First, the judge only considers what is in the record. Information that has not been made part of the record through testimony or an exhibit is not considered.

Second, the judge makes determinations regarding credibility. In short that is which evidence or witnesses he finds believable.... View More

Normally they take care of it. The processes is very technical, time consuming and expensive. If you believe you have the skill level and want to cover the costs, there is no legal reason you can't handle it, but having done a few over the years myself I can tell you they are challenging.

There is no legal cap. It is based on projected liability; however I would stress that nothing short of loss of a body part is permanent in workers' compensation. Therefore, the carrier will always figure in the possibility that they will find the right doctor, the right legal argument and... View More

I agree with attorney Jaffe, but would add that to the extent your sick time is an earned benefit which is as a direct result of time you have worked, it is treated as wages already earned. Some employers will make you use sick and vacation time after you are entitled to workers' compensation... View More

There are many potential options in this situation including filing your own petition to Reinstate benefits after the surgery and to Review the description of injury to include the conditions set forth in the second IME. I would strongly suggest reviewing your options with your attorney, and if... View More

The nature of workers' compensation allows for change in condition both physical and financial. If additional better paying jobs are now available within your restrictions, the defendant can certainly attempt to modify or suspend your benefits based upon the new economic reality. You are... View More

In general, PA is an employment at will state, and a work injury does not provide you with any additional job protection. There are other factors which may apply to you such as FMLA or a union contract. Since your situation is going to be very fact specific, I would suggest that you contact a... View More

Maybe. There are potential legal and ethical issues. To properly evaluate your situation, it is important to know whether or not you have signed an authorization to allow the release of your medical information. If so, has that authorization been revoked? If there is a valid authorization to... View More

I agree with Glenn that every case is unique and the best person to answer your question would be your attorney. However, the answer to almost every settlement question is the same. That answer is money. If the adjuster believes they can save money by settling they will settle. If they believe... View More

The short answer is that there is no minimum period of employment. If you were hurt on the job whether that is your first 5 minutes or after 40 years of employment, it is still covered by workers' compensation.

Everything is the Judge's business. I would suggest you ask your lawyer since they were there and would have a better idea as to why it was being asked. If I had to guess, and this would be a guess, the judge is considering granting Supersedeas but is concerned whether or not you would have... View More

If you are receiving workers' compensation wage loss benefits and you quite your job, you will allow the defendant/employer to argue that they should no longer be required to pay wage loss benefits since your loss of earnings is now as a result of your voluntary quite rather than your work... View More

It is difficult to answer your question without more information. If you have received a decision reinstating your wage loss benefits that is not appealed, your wage loss benefits should be paid within 30 days of the decision.

If you have been out of work for 30 weeks without receiving... View More

If your problems/symptoms have not resolved, you may need those documents again, so I would suggest holding on to all of them. If your problems/symptoms have resolved, I would still suggest that you hold on to the more important documents such as the Notice of Compensation Payable, the most recent... View More

You don't. The Pennsylvania Workers' Compensation Act requires that any Compromise and Release Agreement (settlement) must be approved in writing by a Workers' Compensation Judge before it is binding. An "out-of-court" settlement would not be enforceable, and either side... View More

I am sorry to learn of your situation. There are two important timelines in workers' compensation to preserve your claim. First you must provide notice to your employer that you suffered a work injury within 120 days of the injury. Assuming you provided the employer with timely notice you... View More

I am working with the understanding that this is a PA workers' compensation claim. Assuming this is correct, your options are somewhat limited. You can make sure the medical provider has the correct workers' compensation information and that they have billed the workers'... View More