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Questions Answered by Richard Alan Jaffe
3 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: Does WorkComp cover travel to work & going home from the job?

broke leg en route

Richard Alan Jaffe
Richard Alan Jaffe answered on Jun 18, 2019

I am sorry to hear about your injury, but it would be impossible to answer your question without further information.

In general injuries going to / from work are not covered by Workers Compensation but with every rule, there are exceptions to the “going coming” rule. It is my...
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3 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: Why did the workmans adjuster got replaced with a lawyer.thank you
Richard Alan Jaffe
Richard Alan Jaffe answered on May 9, 2019

I assume this is a follow up to your previous question.

As the others have responded, the Workers Compensation carrier has either initiated litigation or is responding to a Petition filed by your Lawyer.

As before it is my recommendation that you speak with your Attorney as the...
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3 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: Please if you can let me know now that its taken so long what can i do to further .

9/19/18 i got stuck by a forklift with no brakes. I got a lawyer its been 8 1/2 month gone by i only received 9 weeks of pay i saw my lawyers doctor and i have ankel deformity and torn ligaments . i got and MRI also from insurance I'm still in pain and there taking along time for treatment. We went... Read more »

Richard Alan Jaffe
Richard Alan Jaffe answered on May 9, 2019

I am very sorry to hear about your work injury and the difficulty that you have been having since that time, however, as you are apparently represented by an Attorney and are already involved in litigation, the individual that would best be able to answer your questions is the Attorney currently... Read more »

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2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: my dr told me to be off and they are dyeing my work comp I can not return till I PT what do I need to do to fight this

I had a sonogram done and the dr said there was a torn muscle and 2 small hernias'. Work comp called me yesterday and said they are dynein my claim but my dr told me I can not return till I have PT

Richard Alan Jaffe
Richard Alan Jaffe answered on May 9, 2019

I am sorry to hear about the problems that you are having with your Workers Compensation Claim.

Given the fact that you have been advised by the Workers Compensation Carrier that they will be denying your Claim, it is my recommendation that you promptly contact an Attorney who is a...
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2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: PA workers compensation headache

Two years ago I settled a workers comp claim for a back injury (herniated disc). I felt comfortable settling as my physiatrist completed a FCE and stated I could return to full duty. I started a new job, but after 8 months the pain in the back returned along with going down the left leg. My job is... Read more »

Richard Alan Jaffe
Richard Alan Jaffe answered on Apr 19, 2019

Based upon your fact pattern, you may have sustained an aggravation of your pre-existing lower back injury which constitutes a “new” injury for the purposes of Worker’s Compensation. Obviously, there would be issues to decide whether, or not, this is a “new” injury or a “recurrence... Read more »

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3 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: If I already had a bad back, but then it got aggravated at work, am I still able to get workers comp?
Richard Alan Jaffe
Richard Alan Jaffe answered on Aug 17, 2018

Yes, and aggravation of a pre-existing condition could be considered a work-related injury if it occurred while in the course and scope of your employment, and prevents you from continued Employment.

It is my recommendation that you promptly contact an Attorney who is a Certified Specialist...
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1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: Can I file a successful workers' compensation claim for a car accident that occurred in our company parking lot?
Richard Alan Jaffe
Richard Alan Jaffe answered on Jun 29, 2018

Unfortunately, without additional information is impossible to answer your question. Parking lot cases are fact specific and some injuries occurring in the "company parking lot" are compensable and others are not.

In light of the above, it is my recommendation that you promptly contact an...
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1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: I injured my back at work and was placed on light duty then sent to a spinal specialist who stated my injury may take

longer to heal. The Occ. Health MD stated that I could use my FMLA benefits for a LOA and then return on light duty afterwards. Can I use my FMLA as a separate benefit and then return to complete the light duty time (only 5 weeks left) without repercussions? Or must I use them together meaning I... Read more »

Richard Alan Jaffe
Richard Alan Jaffe answered on Jun 25, 2018

You are able to utilize FMLA Benefits in conjunction with Workers Compensation Benefits for the initial 12 weeks of your period of Disability. If you are able to return to work within the 12 week period of time your Employer is required to provide you with similar employment to your pre-injury job.... Read more »

2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: When on workmans comp how do they calculate the wages paid? Is it current wages or last years wages.

I was employed as a CNA last year and I am now an LPN with an increased salary. I was just injured at work but they are paying me last years wages not my new wages as an LPN

Richard Alan Jaffe
Richard Alan Jaffe answered on Apr 19, 2018

An injured worker's Average Weekly Wage is calculated pursuant to Section 309 of the Act. If you an hourly employee and have been employed with the same Employer for 52 weeks, or more, prior to your injury, your most recent 52 weeks of earnings were broken into 13 week "quarters" and the average of... Read more »

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2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: Is there a specific form and approach method that must be used by an employer when they want to bring an employee back?

My employer is demanding that I come in and work modified duty. They claim they have paperwork (I'm not signing anything without my lawyer) and want me to sign. Must it come from them or Workman's comp?

Richard Alan Jaffe
Richard Alan Jaffe answered on Mar 6, 2018

If you are currently represented by counsel, it is my recommendation that you discuss these issues with your Attorney as he/she may be in a better position to address your concerns.

With that stated, assuming that your Workers Compensation Claim has been accepted with the issuance of a...
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2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: Is it possible to keep a percentage of workers' compensation benefits being paid out, even after you return to work?
Richard Alan Jaffe
Richard Alan Jaffe answered on Mar 1, 2018

Pennsylvania is currently a "wage loss" state, and therefore, if you Claim was accepted by a Notice of Compensation Payable and you have returned to work earning wages less than your pre-injury Average Weekly Wage then you would be entitled to Partial Disability Benefits which are calculated as two... Read more »

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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?

Richard Alan Jaffe
Richard Alan Jaffe answered on Feb 16, 2018

If the physical therapy facility is open either before or after your normal working hours, you would not be entitled to any lost wages or Partial Disability Benefits for seeking treatment during normal working hours. If, however, the physical therapy facility is only open during the same hours of... 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 my... Read more »

Richard Alan Jaffe
Richard Alan Jaffe answered on Feb 11, 2018

It is difficult to properly answer your question without knowing the terms of the Compromise and Release Agreement.

If you enter into what is called a" Full" Compromise and Release Agreement, you would be foregoing your right to receive any ongoing reasonable and necessary medical treatment...
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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?

Richard Alan Jaffe
Richard Alan Jaffe answered on Feb 10, 2018

As you are not entitled to wage loss benefits unless you miss more than 7 days from work, some Employers require injured workers to exhaust their sick and vacation time, if they want to get paid while awaiting the Workers Compensation Carriers determination if they will accept liability for your... Read more »

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2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: When I receive my accident lawsuit payment - do I have to: (1) PAY Workmans Comp, back the monetary settlement they gave

I drove a tractor trailer for a U.S. mail contractor/ was rear ended by a postal tractor trailer driver in N.J. ( I live in PA) - I was on workmans comp. for my back injuries.RECEIVED a SETTLEMENT from workmans comp a few months ago. A law suit payment is being finalized in less thn 2 weeks -- I... Read more »

Richard Alan Jaffe
Richard Alan Jaffe answered on Feb 9, 2018

As you are currently represented by counsel, these questions would best be posed of your own Attorney, rather than here on this website.

Regardless, Section 319 of the Pennsylvania workers Compensation Act, as amended, is absolute, as is the Workers Compensation Carrier's entitlement to a...
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2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: Is it true that in Pennsylvania you don’t get paid the first week out of work on workers comp
Richard Alan Jaffe
Richard Alan Jaffe answered on Jan 29, 2018

In order to be eligible for wage loss benefits you must miss one week from work, and then only receive the benefits for days 8 through 13. If out 2 or more weeks, your entitlement reverts back to day 1.

It is my recommendation that you contact an Attorney who is a Certified Specialist in PA...
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2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: Does worker's comp pay lost wages for attending physical therapy during work hours?
Richard Alan Jaffe
Richard Alan Jaffe answered on Jan 26, 2018

Assuming that your Workers Compensation Claim has been accepted by the Workers Compensation Carrier and you would otherwise be entitled to Wage Loss Benefits, as opposed to merely accepting a "Medical Only" Claim the answer to your question will depend upon whether, or not, the physical therapy... Read more »

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1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: I was out of work on workers comp from 10/3/2017 thru 12/13/2017 with 4 broken ribs. Can I go back out of work

Because I am still having pain. My hours were cut drastically when I returned. If I go out again would I get the original amount of $ or would they revise the amount according to the few hours I work now ? Also, can I get back pay for the hours that they took from me?

Richard Alan Jaffe
Richard Alan Jaffe answered on Jan 10, 2018

I am sorry to hear that you are still experiencing pain from the 4 fractured ribs that you sustained in October, 2017 while in the course and scope of your Employment.

Before I can properly answer your question, I will need to know the mechanism by which your Workers Compensation Benefits...
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2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: If you are injured on the job and have sick time are you required to use it? and why?

After having a few days off(required by their workers compensation doctor) if you are still in pain, what happens next? My HR people are very slow to help with the Specialist I need to see under that umbrella.

Richard Alan Jaffe
Richard Alan Jaffe answered on Dec 28, 2017

In order to be eligible for wage loss benefits, after sustaining a work-related injury, you must miss at least 7 days from work. If you are out of work more than 7 days, you would then receive wage loss benefits for days 8 through 13 and if out of work 2 weeks, your entitlement to wage loss... Read more »

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3 Answers | Asked in Workers' Compensation, Constitutional Law and Social Security for Pennsylvania on
Q: how can a WCJ rule on a second LMS with out a change in evidence

The same vocational evidence meaning my education and transfer skill, work experience has not changed. The only thing that changes is the Vocational Expert opinion that I could make more money. Employer is asking the WCJ to rerule on a case already adjudicated in a more harsh manner.... Read more »

Richard Alan Jaffe
Richard Alan Jaffe answered on Dec 12, 2017

Unfortunately, the Workers Compensation Carrier is entitled to file "serial" Petitions as long as they can show a change in condition and the subsequent Petitions are not barred by the doctrine of res judicata; i.e. litigating that which has previously been litigated.

Assuming that you have...
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