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Questions Answered by Glenn Neiman
1 Answer | Asked in Medical Malpractice, Workers' Compensation and Personal Injury for Pennsylvania on
Q: I was wrongfully found to be at MMI by treating doctor as I was still in pain from my injuries and found to be not fuse

Adjuster ordered new MRI upon reading my results radiologist says I'm post cervical c3457 fusion surgery with no stenosis at any level a unremarkable exam?I followed up with the second opinion doctor the adjuster sent me to and provided him with a copy of disc He was only giving a report of... View More

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answered on Mar 22, 2024

I can answer half of your question - my firm only handles workers' compensation matters, so I cannot comment on any medical malpractice issues. As to workers' compensation, it matters greatly whether you are actually at Maximal Medical Improvement (MMI). A finding of MMI can lead to a... View More

2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: Got injured at work in Nov. I received a letter that said Amended Notice of Payable Compensation. What does it mean?
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answered on Feb 24, 2024

I agree with Mr. Belt. An injury is often accepted by the insurance carrier issuing a Notice of Compensation Payable. When the insurance carrier then wants to make a change, they would issue an Amended Notice of Compensation Payable. It is not necessarily a bad thing, but should be reviewed to... View More

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2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: Accept 2nd settlement?2.5 yrs of week amount PT work.Herniated disc 1.5 yr ago.Concerned over low amount/future issues.

Hurt w/herniated disc 1.5 yr ago. After fee I get 32k/past MED.Hired great lawyer.Week prior to going full time I hurt disc & got pay raise. So wk/amount # is skeewed.Recent MRI shows persistent,slight progressive disc pathology.Dont think future MED/wages/past & future... View More

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answered on Feb 1, 2024

First, take stories you hear from other people with a grain of salt. Even if they are not exaggerating, every case is different (based on the facts of the case). One settlement amount has no real relevance to another case. You have an attorney you trust (as you should!). Nobody on this board,... View More

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2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: I am on workers comp already and I want to know if I can settle with them so I can leave the company

I am a phlebotomist and I hurt my thumb at work it is a contusion to the thumb with tendent injury that caused mild to severe carpal tunnel it has been a little over six months I have been working the whole time but on restrictions mainly no use of right hand now I m on a one pound weight limit... View More

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answered on Mar 18, 2023

You need to sit down with an attorney, preferably one certified as a specialist in workers compensation law, to talk about your options. When (and how) to settle a case is a crucial time in the case and should never be done without the advice and assistance of an experienced attorney. Settlement... View More

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1 Answer | Asked in Workers' Compensation, Insurance Bad Faith and Medical Malpractice for Pennsylvania on
Q: I was diagnosed with severe bilateral carpal tunnel by workmen's comp specialist went back to spine surgeon he felt my c

Cervical spine was why I had pain numbness in both hands ask about carpal tunnel he said he would address that after Anterior 567 fusion surgery? Never happened he then did a c3c4 mobi disc replacement.out at MMI? Still have sever numbness a pain and adjuster denying treatment for carpal tunnel?... View More

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answered on Mar 22, 2024

As we so often say, you should consult with an attorney certified as a specialist in workers' compensation law (whether my firm or another of the fine attorneys on this board). If the doctor is saying the carpal tunnel syndrome is related to the work injury, there may need to be litigation to... View More

2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: Can I sue my employer for "rigging" a saw machine that broke and caused partial loss of 3 fingers? I received my WC pay.

I know about Third Party Suits but I think the machine manufacturer is no longer in business. The company I worked for rigged the machine to suit its manufacturing needs. I incurred 3 partial amputations on my fingers because the machine was not running properly and broke. In addition to this, I... View More

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answered on Apr 20, 2022

I agree with Mr. Belt all around. First, I would urge you to retain an attorney certified as a specialist in workers' compensation law, whether my firm or another of the fine attorneys on this board. Second, yes, typically, workers' compensation is an "exclusive remedy,"... View More

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1 Answer | Asked in Workers' Compensation and Car Accidents for Pennsylvania on
Q: About no fault

I was involved in a car accident on October 2020 in NY, I live in PA and did not hire an attorney because my insurance company said they would take full responsibility, the report said we were both at fault even though the driver cut me off on the opposite side and hit my driver side, I was... View More

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answered on Mar 2, 2022

The first answer is that you should immediately consult with an attorney about the facts specific to your case. You are asking for legal advice, but on these boards, we can only provide general legal information. From the facts you gave, I am unclear about your situation. Were you driving for... View More

3 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: if you get injured at work and off on workers comp can you still sue for you injuries

fell off a ladder at a property while doing my job

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answered on Oct 6, 2021

I agree with Mr. Belt. While you cannot sue your employer for a work injury (with very narrow exceptions), you may be able to sue a third party, if that third party caused your work injury (we see this in car accident and products liability cases most often). Consult with an attorney to see what... View More

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3 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: Hi I have a Work Comp case currently the questions I have, what do you do when you haven't talk to your attorney

In months and they haven't responded to you about your case moving forward

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answered on Sep 21, 2021

I completely agree with Mr. Belt. As attorneys, we need to make sure we keep our clients informed about what is happening in their cases. Your attorney needs to do a better job in communicating, but you should be demanding that he or she do a better job! Good luck!

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1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: While married you have a workers comp monthly payment. You then separate from your spouse and then are awarded a lump

settlement for future earnings. Is your spouse entitled to this lump settlement?

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answered on Aug 26, 2021

Unfortunately, I cannot answer your question. I (and my firm) handle only PA workers' compensation cases. The question you are asking is not governed by workers' compensation laws, but by family law. I would suggest you post this on the Family Law practice area. Good luck!

2 Answers | Asked in Employment Law, Workers' Compensation and Medical Malpractice for Pennsylvania on
Q: Workmen comp case hurt at work ,have 4 bulging disc

Making me clock out for therapy. I live in Pennsylvania but work in New Jersey. On light duty but not really light duty. On a hour restriction but still seem to be working over 8 hours a day

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answered on Apr 19, 2021

I agree with Mr. Belt, if this was a PA injury. However, if you work in NJ, this may be a NJ workers' compensation case. Every State has very different workers' compensation laws. You will need to find an attorney experienced in workers' compensation in the State in which your... View More

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2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: question: the workers compensation judge made a favorable decision for me. what should happen in my case now. are ther
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answered on Mar 25, 2021

If you have litigated your case before a Workers' Compensation Judge, I must presume you have an attorney. If that is correct, the attorney would be the best one to ask this question. Only your attorney has exposure to the full facts and context of your case. We would just be guessing. If... View More

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2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: Can my employer withhold overtime work due to being on light duty for workers comp?

I drive a school bus in the morning and afternoon. Between my routes I am on light duty instead of doing strenuous work on a labor assignment. They won't let me work overtime driving a bus.

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answered on Oct 7, 2020

After you are released to return to work, following a work injury, your employer can elect to offer employment to you within your restrictions. If you continue to suffer a loss in wages due to your restrictions (such as no longer getting overtime work), then you should be receiving partial... View More

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2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: I have an illness I believe was caused by dust at my workplace.

I told HR about illness. They said they would clean the dust and call their Dr and ask him if I needed an appointment. I told HR I wanted vacation because I felt so sick from the dust. HR never filled out an accident report, or sent me to Dr. I feel sick and want to visit my doctor. What should I... View More

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answered on Mar 26, 2020

You are asking for legal advice, and that is not something you will get on forum like this. We can only provide general legal information here. Legal advice is something specific to you case, given by an attorney who represents you.

Certainly, an exposure like this can be a work injury....
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7 Answers | Asked in Workers' Compensation, Employment Law and Personal Injury for Pennsylvania on
Q: Does liability insurance coverage, cover wage compensation or just medical?

I slipped and hit my head at my place of employment but was not on the clock. ER diagnosed me with a concussion and whiplash. I've been off work since Nov. 8th. My employer said her insurance doesnt cover missed wages.

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answered on Dec 5, 2019

When injuries happen at the workplace, even if you are not on the clock, often you are still covered by workers' compensation laws. You should talk to an attorney certified as a specialist in workers' compensation law, whether my firm or another of the fine attorneys on this board, so... View More

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2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: Still working after injury. Must I use accrued PTO for WorkersComp Dr. appointments? Will WorkersComp reimburse my PTO?

I am still able to work after suffering a work related injury. However, medical visits/therapy are necessary. Unfortunately, these appointments are only available during working hours. My employer is forcing me to use my accrued PTO for this time. This seems unfair to me, unless I am able to be... View More

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answered on Sep 21, 2019

I agree with Mr. Palutis. The key is whether the treatment at issue is available outside of work hours. If so, workers’ compensation benefits would not be available for a loss in wages due to getting this treatment. Physical therapy, for example, can be an issue in this regard. However, if... View More

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2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: i was hurt on the job on 11/22/1018 i told employerr by feb 10 and have not heard back from them i am going to doctors

i am in therapy and my injury they say cant be fixed i m in a lot of pain and i kept asking the employer when they where going to do something they done nothing but try take my unemployment away where do i go from here

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answered on Aug 26, 2019

Talk to an attorney certified as a specialist in workers compensation law immediately. You should be getting workers compensation benefits, not unemployment compensation benefits, if you were injured at work. Good luck!

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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

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answered on Jun 18, 2019

Usually not, as the basic act of commuting to work is not part of the "scope and course" of working, so it is usually not covered by the PA Workers' Compensation Act (unless you are a "travelling" employee, with no fixed place of employment). However, there are exceptions... View More

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1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: What does this mean: according to evidence if record: the recurrence is for medical care only claim is in open status

Adjudication if claimed recurrence is not necessary & no further action will be taken in regards to this claim

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answered on Jun 14, 2019

Honestly, I simply cannot tell what that means on the part you have quoted. Assuming this is a decision from a Judge, I would need to see the entire decision to be able to tell what is going on. If you have an attorney, obviously your attorney is the best one to tell you what this means, and how... View More

2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: I haven't received any treated for my ankel in 10 months i was stucked by a forklift.WMC doctor say I have deformity

They took an mri of the foot not the ankel both doctors worte down.how long do i wait more for treatment.and with no back pay also.I have a lawyer but its taking so long for treatment.

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answered on Jun 11, 2019

I am so sorry this happened to you. Having your valid claim denied can be very frustrating, to say the least. The best person to give you an answer with regard to the timing of your case is your attorney. Only he or she knows the details of your case and can provide some estimate for how long it... View More

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