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Questions Answered by Timothy Belt
4 Answers | Asked in Personal Injury and Workers' Compensation for Pennsylvania on
Q: A previously declared broken chair failed for me at work, I injured my SI, spine & head, can I proceed with negligence?

My first concern is recovering from the caused injures depicted by CT scans (I landed on a protruding baseboard heater), yet how long do I have to later proceed (in PA) with possible negligence since the chair was previously informed to be broken, but it had not been replaced for months (it was... View More

Timothy Belt
Timothy Belt
answered on Feb 19, 2017

You should receive your first wage loss check within 21 days of your last day worked. If you have not received a check within the 21 day period, you may want to consider contacting an attorney.

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2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: Is my doctor permitted to give a status up date on a worker's compensation case before telling the employee?

My job called to ask for an update the day after I went to see the doctor's physician assistant . I was never told to return to work, just to go to 12 weeks more of physical therapy. When I called my employer the next day on another issue they asked for a referral from the doctor . I was... View More

Timothy Belt
Timothy Belt
answered on Feb 11, 2017

This is not a simple yes or no answer. You may have signed an authorization allowing this contact when you were initially injured. Many times an injured worker is asked to sign several documents at the time of injury, and the documents are not always explained to the injured worker. Another... View More

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2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: In a work related injury, can the company decide what doctor you go and see. If so, how can this be allowed?

I have a Doctor that has always taken care of me inside of work and outside of work. Recently the company decided to take my Doctor off there list for work related injuries. Why would I agree to see another doctor whom I do not trust.

Timothy Belt
Timothy Belt
answered on Feb 11, 2017

In Pennsylvania so long as the employer maintains a list of providers that are consistent with the Workers' Compensation Act an injured worker is required to treat from this list for the first 90 days after the date of injury. If the injured worker does not treat from this list during the... View More

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2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: Am I entitled to a WC settlement in PA?

I was injured at work in Philadelphia April 2014. Broke my shoulder. WC paid all medical bills for two surgeries and PT. I assumed I'd heal. In May the university laid me off as part of a reduction in force. I found another position and moved to SC. Shoulder by September did not heal. Needed s... View More

Timothy Belt
Timothy Belt
answered on Feb 3, 2017

You are not guaranteed any form of settlement in PA; however, you may be entitled to ongoing benefits. If you are entitled to benefits, future entitlement is often resolved via a lump sum settlement through which you receive an agreed upon amount in exchange for giving up future entitlement to... View More

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1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: Have 1 FT & 1 PT job. Hurt on FT job. Both are the same work. WC says no payment for PT because haven't worked at the PT

job long enough. I have worked at FT job over 2 years, my PT job for over 6 months. I am losing a huge portion of wages.

Timothy Belt
Timothy Belt
answered on Feb 1, 2017

I believe your wife posted a similar question. Regardless the carrier is wrong. I would suggest obtaining a lawyer and seeking to increase your average weekly wage. I would also consider seeking penalties.

3 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: My husband has a FT and PT EMS job. He was hurt on his FT job. Both jobs have the same requirements so he is off from

both. Both employers submitted income info. He has been with FT over 2 years and the PT for over 6 months. His claim was approved , but WC is saying his 2nd income will not be covered because PA does not require them to if he has been at the 2nd job less than one year. He has taken a considerable... View More

Timothy Belt
Timothy Belt
answered on Feb 1, 2017

They are wrong. Get a lawyer and pursue a Petition to Review AWW and a Petition for Penalties.

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1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: How do i withdrawal a workers compensation appeal that i have a court date for already
Timothy Belt
Timothy Belt
answered on Feb 1, 2017

You simply write to the WCAB and ask to have it withdrawn.

2 Answers | Asked in Employment Law, Workers' Compensation and Employment Discrimination for Pennsylvania on
Q: My husband's employment agency is playing games with his continued employment at Amazon, what can we do?

My husband was hired through integrity staffing solutions (herein referred to as ISS) to work for Amazon in Easton PA. He was nearly terminated after an on the job injury, and then forced to leave early due to an asthma attack. He was told at the beginning of his employment that he could bring his... View More

Timothy Belt
Timothy Belt
answered on Jan 31, 2017

In regard to the work injury, I have had issues with Integrity Staffing in the past where they have obtained a full duty release from a work injury and then stopped providing work. The injured worker does not want to lose their job so they request that the doctor release them full duty even if... View More

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2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: Do you get paid for time missed at work due to doctors appointments while at the same job you've been injured at?

I was injured at my job almost a year ago and are still getting testing done with no treatments yet. While still employed by the place I was injured, working "light duty" but not really , I sometimes have to miss work due to these tests, but my WC says legally they don't have to pay... View More

Timothy Belt
Timothy Belt
answered on Jan 31, 2017

Time missed for treatment related to your work injury is not a clear yes or no answer. If you are able to schedule the treatment outside of working hours you have an obligation to do so. If you choose not to, the carrier is not required to pay wage loss for time missed to attend this treatment.... View More

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2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: Can they stop workmans comp. for smoking marijuana that is used for chronic pain and depression?
Timothy Belt
Timothy Belt
answered on Jan 27, 2017

There are no PA cases that I am aware of addressing this issue. I have reviewed cases from other states where marijuana has been legal for some time that indicate an employer has a right to potentially terminate your employment based upon marijuana use since it is still a violation of federal law.... View More

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2 Answers | Asked in Personal Injury and Workers' Compensation for Pennsylvania on
Q: The Injury Info on a Supplemental Agreement for Compensation-Disability/Perm is wrong. Does this matter & should I sign?

I also received a Notice of Suspension or Modification but was taken back out of work by the doctor the same day this form was created. I have not challenged the Suspension due to receiving the new Supplemental Agreement for Compensation for Disability or Permanent Injury document the following... View More

Timothy Belt
Timothy Belt
answered on Jan 27, 2017

The Notice of Suspension or Modification has a section to complete and sign. You then then return the form per the instructions. This is called an Employee Challenge. To be on the safe side, you should definitely do so. Please understand that if you do not file the Employee Challenge correctly,... View More

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2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: I smoked marijuana while on workmans comp and they found out. Can they stop my benefits?

I use it for depression and chronic pain. Thank you

Timothy Belt
Timothy Belt
answered on Jan 26, 2017

Maybe. The answer to your question depends on the controlling document under which you are receiving workers' compensation; whether you are completely removed from work or released with restrictions; whether your employer has a light duty program; and whether your employer has a policy... View More

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1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: What state law would apply for Wc if I live in pa and was injured in pa but my company is out of Wisconsin and their Wc

Is out of Iowa ? They said I could pick any dr so I went with my family dr who has been tending to me they insisted I go to one of their dr from Wisconsin that they have one that travels to pa but that apt is still 300 miles away and my dr gave a report I could not travel that far that they would... View More

Timothy Belt
Timothy Belt
answered on Jan 20, 2017

There may be sufficient contact with both WI and PA to file a claim in either state; however, if the injury happened in PA you definitely have the right to pursue a PA claim. 300 miles for treatment is completely unreasonable. Contact a lawyer and get this in front of a workers' compensation... View More

2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: I work in pa was injured in pa my employer is out of wisconsin the wc is out of Iowa which state law applies for my case

They told me I could see any dr or specialist now they are telling me I have to see one of their dr from Wisconsin they set up an apt 300 miles away still in my state of pa but very far away my dr has sent them a letter stating I can not travel that far but they are not approving any more or my... View More

Timothy Belt
Timothy Belt
answered on Jan 20, 2017

There may be sufficient contact with both WI and PA to file a claim in either state; however, if the injury happened in PA you definitely have the right to pursue a PA claim. 300 miles for treatment is completely unreasonable. Contact a lawyer and get this in front of a workers' compensation... View More

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1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: I got a knee injury at work, I'm on light duty, but not getting full wage, when does wc start paying the rest of my wag
Timothy Belt
Timothy Belt
answered on Jan 17, 2017

There is normally a one week hold on wage loss benefits; however, WC will often ignore an injured workers entitlement to temporary partial wage loss benefits. If you have already missed the equivalent of a week of work and are not being paid wage loss benefits, you should seriously consider... View More

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: How to appeal a WC appeal after a second denial on account that the doctor is incompetent?

The PA WC Board vacated and remanded WC Judge to reconsider claimant's attending physician credibility in WC case, whose testimony was deemed "incompetent" and not credible by judge. the judge recently (Jan 4, 2017)denied the claim again. please advise.

Timothy Belt
Timothy Belt
answered on Jan 14, 2017

You would need to appeal again to the Workers' Compensation Appeal Board. You only have 20 days to file the appeal, so it is important that you do so as quickly as possible. If you have a lawyer, you should discuss this matter with your attorney. If you do not have an attorney, it would not... View More

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: My husband received 3 month back pay from over 2 years of being out of work

Judge turned him down for workmans comp. Judge awarded only pennies. Can we appeal?

Timothy Belt
Timothy Belt
answered on Jan 5, 2017

Yes you can file an appeal. The real question is whether or not there are issues with the decision that could result in a favorable appeal. Since you only have 20 days from the date upon which the decision is circulated to file the appeal, I would strongly suggest that you review the judge's... View More

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: how many times can you change doctors if not happy with treatment

I went to see a doctor that they picked and he wanted to do an operation to fix my wrist (tfcc tear and sprain thumb which was requiring a release) I went for a second opinion and then the first doctor agreed with the second opinion doctor and now five months later still not fixed or do I have use... View More

Timothy Belt
Timothy Belt
answered on Dec 29, 2016

You are only required to treat from the employer's panel in PA for the first 90 days after the injury. Once the 90 days is over, you can treat with whoever you want, and you can change doctor's as frequently as you feel is appropriate. The employer/carrier does have the right to... View More

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: Are workers' comp laws different for salaried employees versus hourly?
Timothy Belt
Timothy Belt
answered on Dec 17, 2016

Not really. The formula for calculating the average weekly wage is different, but that is about it.

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: We have an employee returning from WC to work PT light duty, can I start taking the deductions for their benefits?

We paid his portion of the medical and dental benefits while the employee was out on WC, now that the employee is returning part time and will receive a paycheck from the company and partial payment from workers comp. The company would like to start taking the employee deductions for the benefits... View More

Timothy Belt
Timothy Belt
answered on Nov 23, 2016

Frankly you didn't have to pay his portion when he was off on WC, and yes you can start taking the deduction now that he is back to work. As a brief caveat, this answer could change if there is a collective bargaining agreement or history of treating other employees differently, and to be... View More

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