Q: Scenario:Returned to light duty work, same position, pay & hours. How does this impact future wage loss or medical?
Claim was accepted. Received NCP w/wrong body part listed. Person received treatment & multiple tests done per insurance company. Doctors’ original assessment & tests confirmed proper body parts to treat but insurer wouldn’t correct NCP or Supplemental Agreement. Treatment continued after returned to work but for body parts not listed on NCP. Insurer continued to pay for medical care. Treatment went well. Person received Notice to Suspend but chose not to file Employee Challenge since returned to work w/regular wage. If all parties agreed that person ‘recovered’ & was reinstated to regular duty but then injury flared up 1 year later, does injured employee have any rights? If injured employee wasn’t seeking wage loss & never challenged Notice to Suspend can WC claim be reopened? What if person received correct wage loss while out but wouldn’t sign Supplemental Agreement due to incorrect info? Does any of this impact future wage loss or medical care?What if person relocated out of state?
A: You need to have it reopened. I suggest you contact a member of the Pa. Assn for Justice who handles workers compensation--they give free consults. If you need names give me a call.
A:
If the injured worker returned to work, with no loss of earnings, but continued to treat for the acknowledged work-related injury, they would be entitled to a Suspension of Benefits. Based upon the facts referenced above, it would appear as if your Benefits were Suspended based upon the Notice of Suspension/Modification which was never "Challenged."
If the injured workers earning capacity is once again affected by the work-related injury, it is easier to Reinstate entitlement to Wage Loss benefits when under a Suspension as opposed to Benefits being Terminated. A Petition for Reinstatement can be filed within 500 weeks, as opposed to within 3 years when Benefits are Terminated. Further, the Burden of Proof is lessened as there is a presumption in favor of the Claimant when Benefits are Suspended as opposed to Terminated.
If the "flareups" affect the injured workers earning capacity, it would be appropriate to file a Petition for Reinstatement and it is also necessary to file a Petition to Review Compensation Benefits due to the mistakes you reference on the NCP.
It is my recommendation that you immediately contact an Attorney who is a Certified Specialist in Pennsylvania workers Compensation Law for an initial consultation to discuss your rights and remedies. Most Attorneys will accept your case on a Contingent Fee Basis.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
