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Questions Answered by Richard Alan Jaffe
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

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

I am sorry to hear that you feel violated as a result of what has transpired in your Workers Compensation Claim, however, what you have described unfortunately goes on more often than it should.

More often than not, an injured worker is requested to sign a Medical Authorization by the...
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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.

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

In order for an Employer in Pennsylvania to require an injured worker to treat with doctors of the Employer's choice, they are required to do 2 things. First, your Employer must establish a List of Designated Physicians that comports with the Medical Cost Containment Regulations and post same... View More

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2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: Is sever asthma cover by worker's compensation?

I have asthma caused by allergies to chemicals and perfumes. I work for a company that has a "no chemicals or scents" policy that was in place prior to my employment. They are well aware of my conditional. Last week, one of the employees sprayed bleach, with caused an asthma attack so bad... View More

Richard Alan Jaffe
Richard Alan Jaffe
answered on Feb 6, 2017

In order for a condition to be considered work-related, it must occur within the course and scope of your employment and be causally related thereto. From your question, I understand that you have a "pre-existing" asthmatic condition which you believe was "aggravated" by one of... View More

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1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: Do employee-owners of a Pa. LLC need to have workers comp insurance?
Richard Alan Jaffe
Richard Alan Jaffe
answered on Feb 3, 2017

If you have actual employees then you must have Workers Compensation Insurance. Failure to carry Insurance can result in criminal fines.

The Act does permit Executive Owners of corporations may opt out of coverage so if there is nothing but Officer/EE's of your LLC you may be able to...
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2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: Wc 4 2 yrs, 3 surgeries, perm. L/D restrictions,. job eliminated, wc wants to settle 4 remaining 400 wks. Good offer?
Richard Alan Jaffe
Richard Alan Jaffe
answered on Feb 2, 2017

Many factors go into determining the settlement value of a Workers Compensation Claim including, but not limited to the Claimant's Average Weekly Wage and corresponding Weekly Disability Rate, the extent of Claimant's injuries, whether, or not, there is any Litigation pending and if so... 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

Richard Alan Jaffe
Richard Alan Jaffe
answered on Feb 2, 2017

In order to respond to your question, I would require more information, including, but not limited to whether, or not, you previously received any wage loss benefits as result of your work injury and, further, whether you are working with, or without restrictions when you were laid off in May,... View More

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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

Richard Alan Jaffe
Richard Alan Jaffe
answered on Feb 2, 2017

In Pennsylvania, if an injured worker is concurrently employed, and unable to perform both jobs as result of a work-related injury, he/she is able to maximize the entitlement to Workers Compensation Benefits by combining the Average Weekly Wage of both jobs.

Although your husband was only...
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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

Richard Alan Jaffe
Richard Alan Jaffe
answered on Feb 2, 2017

There are several factors that go into whether, or not, you are entitled to receive Workers Compensation Benefits for time it missed while attending doctors appointments and/your physical therapy appointments during working hours.

Assuming that your Claim has already been accepted as...
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8 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: Can I modify authorization form for release of confidential info and note "ReleaseOfRelevantMedicalInfoToMyInjury?"
Richard Alan Jaffe
Richard Alan Jaffe
answered on Feb 9, 2014

You can always revoke the Medical Authorization at any time.I never allow my clients to sign Medical Authorizations, and one of the first things I do when retained by a new client is contact the Workers Compensation carrier and immediately revoke the authorization.

If you are not currently...
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