Q: In disputes of jurisdiction, is it better to appeal a denied claim or file with the conflicting state?
I was injured back in April 2017 while working out in Ohio, but for a company based out of PA. The company's MCO told me to file my claim through the Ohio BWC, but it was denied twice on grounds of jurisdiction. Am I able to proceed with filing a claim in Pennsylvania, or do I have to file an appeal of the denied claim in Ohio?
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A: Whether you have a claim in PA does not necessarily depend on what happens in OH. There can be "concurrent jurisdiction" where you can choose which state to proceed in. The first question is whether your work injury has sufficient ties to PA to be able to bring a case there. If you were injured in PA, then you easily have jurisdiction there. If not, it depends where you entered into the work contract and where you spent your various work time. You should meet with a PA attorney certified in workers' compensation (my firm or another on this board) and see what rights you may have in PA.
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