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Questions Answered by Timothy Belt
1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: 3mm needle tip left in shoulder by surgeon. It was workers comp covered. Surgeon refuses to remove it.

The tip is causing me pain, even before I knew exactly where it was located I was complaining of pain in a very specific spot. I had xrays and an mri and my point of pain in exactly where the tip is. The original surgeon insists that there's no way I can feel it and I don't need to worry... View More

Timothy Belt
Timothy Belt
answered on Nov 20, 2016

See an attorney regarding a potential medical malpractice claim, and they may have a doctor that would be willing to address the issue. If you have an attorney for your workers' compensation claim, he may be able to recommend an attorney for the medical malpractice issue.

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: How often can a UR for medical neccesity be conducted on the same Dr. for the same treatment in Pa work comp?

I have been on comp for many years. Since 2008, my condition really hasn't changed. Only treatment is office visits every six months and meds to control pain. A UR of the Dr.'s treatment was done about one year ago and my treatment was deemed necessary. Comp requested another UR of the... View More

Timothy Belt
Timothy Belt
answered on Nov 20, 2016

There really isn't a hard and fast rule. There are cases that prohibit serial reviews of the same treatment if there isn't some form of change, but that change could include a change in treatment, symptoms, or even something new noted by an IME doctor.

2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: Is workers' comp the same as disability?
Timothy Belt
Timothy Belt
answered on Nov 5, 2016

No. Workers' compensation applies to work related injuries only and pays wage loss and medical benefits arising out of the work injury based upon state laws. Disability can include a disability policy which normally excludes work related injuries and pays benefits based upon the policy... View More

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1 Answer | Asked in Workers' Compensation and Collections for Pennsylvania on
Q: Recently received wc than got a letter from family court stating they can stop payments what should I do
Timothy Belt
Timothy Belt
answered on Nov 3, 2016

I am not 100% certain that I understand the question; however, child support can be deducted from your workers' compensation benefits. If your child support obligations are be temporarily suspended due to no income, you would of course have to notify child support of your change in... View More

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: I was approved for workers compensation in Pennsylvania. How long does the insurance company have to pay back wages?
Timothy Belt
Timothy Belt
answered on Oct 31, 2016

The carrier has 21 days to initiate payment, but many judges will allow up to 30 days before the payment is considered late.

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: Got hurt on the job on Aug 8, I haven't been issued a n.t.c.p. or a delay or denial letter. I'm being paid but should I

Dr. Bills are being paid also. Taxes are being taken out from my checks should I worry

Timothy Belt
Timothy Belt
answered on Oct 16, 2016

I note that you appear to be from MD and this is a PA forum. Assuming this is a PA claim, WC wage loss benefits are not reduced by taxes, so I do not know what you are receiving but it is probably not workers' compensation. Short answer to your question is yes you should be worried. I would... View More

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: My husband has been in a battle for wc since August 2014 no money His case just went on Judge's desk in September 2016.

Our son has been keeping us a float so far. Do u know about how long it takes for judge to decide?

Timothy Belt
Timothy Belt
answered on Oct 12, 2016

It depends on the complexity of the case and the judge assigned, but most judge's will issue a decision within 60-90 days of the brief being submitted. Your lawyer would be in a much better position to estimate how long it will take with your particular judge and fact pattern.

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: on WC due to a hand injury at work. Entitled to 3 weeks paid vacation from last year. Will this effect WC, if so, how?
Timothy Belt
Timothy Belt
answered on Oct 10, 2016

If the vacation time is an accrued benefit as a result of hours already worked you should be able to receive both the vacation time and workers' compensation at the same time; however, expect the WC carrier to attempt to take a credit, so if you have a lawyer discuss this with them first. If... View More

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: What are the guidelines to follow if you are not comfortable with the workman's comp doctors? Can you switch?
Timothy Belt
Timothy Belt
answered on Oct 4, 2016

You should have received a list with at least 6 providers, and you are permitted to choose from the list. Assuming the employer provided the panel list, you only have to treat with those doctors for the first 90 days then you can treat with any medical provider.

2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: a workman's comp concierge nurse without my knowledge or consent called my doctor and changed my doctors appt

can she do that? was my doctor's office wrong in doing it? they still haven't told me, she did

Timothy Belt
Timothy Belt
answered on Oct 4, 2016

Often when you suffer your work injury you are asked to sign a stack of documents one of which is an authorization. With that authorization the carrier and its nurse case manager is free to contact your doctors. You are permitted to withdraw the authorization and inform the nurse case manager... View More

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2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: I turned in a letter of resignation then got injuried at work.......how does that affect my workers comp claim ?
Timothy Belt
Timothy Belt
answered on Sep 22, 2016

I note your location is listed as Ohio, but you posted in the Pennsylvania forum. Each state has it's own workers' compensation laws. If this is a PA claim, your resignation would have no impact on your claim for medical benefits. The resignation may have an impact on your entitlement... View More

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1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: I was injured at work the Thursday before Labor Day. I know I bumped my knees. That's all I'm aware that I did that

might cause injury. At the end of the day I felt that I might get a bruise. I did not report this to my office immediately as I don't consider a bruise to be a big deal. The next day, Friday, there was a bruise on my left leg below my knee and my left knee was very sore. I've had... View More

Timothy Belt
Timothy Belt
answered on Sep 17, 2016

You are potentially entitled. The Workers' Compensation Act in PA requires notice within 21 days to be covered for wage loss from day 1 or 120 days of the injury to be covered from the date of notice forward. Obviously you are well within either; however timely notice does not mean the... View More

3 Answers | Asked in Workers' Compensation and Employment Law for Pennsylvania on
Q: i was injured a year ago.WC covered everything.Up until today, dr appts were on co. time.Suddenly, must take PTO. Legal?

Didn't my company set its own precedent by having all injury related appts on the clock?

Timothy Belt
Timothy Belt
answered on Sep 14, 2016

Your companies practices will not trump the Workers' Compensation Act and related court decisions. The current law requires that injured workers to the extent possible schedule medical treatment outside of working hours. If the treatment is only available during your working hours, than you... View More

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2 Answers | Asked in Car Accidents, Personal Injury and Workers' Compensation for Pennsylvania on
Q: I was a passenger in my company car and hit head on by a driver who crossed the center line and into our lane.

I was a passenger in my company car that was hit head on by a driver who crossed the center line and into our lane. My current attorney gave me a settlement amount of what he felt was fair and the lowest he would settle for. I was also agreeable to that amount. He called me a week later and told me... View More

Timothy Belt
Timothy Belt
answered on Sep 10, 2016

You do not have to settle, and you are always free to fire your attorney and hire a new one. That being said, I believe it is always worth while to try to talk things out with your current attorney, but if you are not satisfied with the answers, you can always ask for your file and take it... View More

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2 Answers | Asked in Employment Law and Workers' Compensation for Pennsylvania on
Q: Hurt at work in 2003 resulting in discetomy of C5/6 &C6/7 with all others bulging or protruding. Went to court -awarded

Medical. Wc dr. Diagnosed me MMI. I have Permanent nerve damage in my left arm. To this day, I'm still in pain. I'm still on Workmen's Comp,as I refuse to settle because of my everyday pain and my other disc injuries and also, I'm still with the same company. What happens if... View More

Timothy Belt
Timothy Belt
answered on Sep 1, 2016

The answer to your question depends on several factors including, but not limited to, the controlling document in your claim, whether you are working with or without restrictions related to your work injury, and whether you are receiving or have received temporary partial disability wage loss... View More

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2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: While on WC and have Dr, therapy apps and are only available during working hours do I get compensated for misses time?

I work 4 ten hour days and I am wanted to go to therapy 3 times a day, therapy is only opened until 5pm which is the time I am supposed to get off work. I am still visiting Dr, therapy that I was told to go to. And I am being to to either use vacation time or loose the time I miss for therapy. Is... View More

Timothy Belt
Timothy Belt
answered on Aug 29, 2016

For the purpose of this answer, I am assuming this is a PA workers' compensation claim. Laws are different in each state, so if your claim is in another state this answer may not be correct. If the treatment is not available outside of working hours, you may be entitled to WC wage loss... View More

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2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: I was injured at work 18 months ago. workman's comp was paying me monthly and we were in the process of a settlement

Suddenly my payments stopped and my attorney tells me their workman's comp insurance company has gone bankrupt and I am out of luck. Do I have any options. Can I sue my employer directly? Thank you for your help

Timothy Belt
Timothy Belt
answered on Aug 19, 2016

This is a PA forum, but I see you are from FL. Assuming this is a PA claim, there is a fund that continues benefits when the carrier goes bankrupt. This may not be the case outside of PA.

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2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: Closed WC case. Claimant is treated for ongoing issues due to original injury. Is the WC carrier obligated to pay?

Claimant was injured in 1985. The WC carrier closed the case in 2014. Claimant referred to specialist 6/26/2016 due to ongoing problems related to the original 1985 injury

Timothy Belt
Timothy Belt
answered on Aug 17, 2016

I agree with Mr. Munsing. A lot depends on how the claim was closed. A competent workers' compensation attorney would be able to obtain the necessary records and determine whether there is an ongoing claim.

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1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: how long does employer hold your job when you get hurt on workmans comp
Timothy Belt
Timothy Belt
answered on Aug 16, 2016

If you do not have a contract, your employer is not required to hold your job at all when you suffer a work related injury. However, if you are eligible for FMLA you can protect your employment for up to 12 weeks by using the FMLA leave.

2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: It has been past 90 days. My orthopedic doctor says surgery but WC says they won't payou for it. Can they not pay?

I injured myself 4/30. My hand and wrist have not been right since. I orthopedic doctor sent me to everything to avoid surgery. But now he thinks it may be the only way to help. He wants to do a carpal tunnel release. Not for carpal tunnel syndrome but to take pressure off the median nerve that... View More

Timothy Belt
Timothy Belt
answered on Aug 12, 2016

They can potentially dispute payment. There options may be limited depending on what documents have been filed and the specific description of injury accepted. I would strongly suggest that you contact a local workers' compensation attorney to review the specific facts in your case to obtain... View More

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