Q: My wc ins co stopped my benefits Jan 29 but just now filed petition to terminate my benefits based on the Jan 6 IME
I broke my ankle at work in August which ended up resulting in the discovery of sarcoma cancer in October. The healthcare benefits were stopped when the cancer was discovered but my wages continued until January 29 when they tried to get me to sign off which I refused. I just got a letter from workers comp that the Insurance Company filled a petition and I have a hearing on May 25. According to the paperwork, they are attempting to stop benefits as of Jan 6, the date of my IME that claimed my issues are no longer associated with my work injury, 3 weeks before they stopped my wage benefits. Im going to fight it but if Id lose the petition hearing on May 25, am I entitled to the wage benefits from Jan 29 to May 25 that they stopped? Did they illegally end my benefits? I hope to get back to work in late June. Thanks!!
A: You need to get a lawyer immediately. To answer your question, a review would need to be made of the documents which were actually filed with The Bureau of Workers' Compensation in Harrisburg. Once it is determined what document is controlling, it could be further determined what if any benefits are outstanding. Furthermore, if the carrier simply stopped paying without a legal bases to do so, you could be entitled to penalties of up to 50% of the unpaid benefits.
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