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 income loss. I read through the WC Act and found nothing that says this. In fact to me it reads it is based off of his highest 39 week income totals.
A: They are wrong. Get a lawyer and pursue a Petition to Review AWW and a Petition for Penalties.
Richard Alan Jaffe agrees with this answer
A:
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 employed for approximately 6 months in the part-time EMS position he would still be entitled to utilize those wages after they have been properly calculated in accordance with Section 309 of the Pennsylvania workers Compensation Act to be combined with his pre-injury Average Weekly Wage with his regular full-time position.
It is my recommendation that both you and your husband immediately contact an Attorney who is Certified as a Specialist in Pennsylvania workers Compensation Law in order to discuss the filing of a Petition to Review Compensation Benefits, and possibly a Petition for Penalties. Please note that most Attorneys will accept your husband's case on a Contingent Fee Basis and the initial Consultation will be free of charge.
Timothy Belt agrees with this answer
A: Professor Belt is correct. Let me note if the injury was in regard to getting in or out of the ambulance, there may be other sources of benefits. Give me a call if you have questions about that. For the comp, you want to contact Prof. Belt or other members of the Pa. Assn for Justice.
Timothy Belt agrees with this answer
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