Philadelphia, PA asked in Workers' Compensation for Pennsylvania

Q: I have a lawyer, problem is many people list more complications from surgery . Can I wait to have surgery on future date

Or elect for alternate will put me out even longer as I go broker

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1 Lawyer Answer
Richard Alan Jaffe
Richard Alan Jaffe
  • Workers' Compensation Lawyer
  • Philadelphia, PA
  • Licensed in Pennsylvania

A: I am sorry to hear about the problems that you are having with your work-related injury, however, as you indicate that you are represented by an Attorney, these questions would best be posed to your current Lawyer.

With that stated, there is a line of cases that holds if you refuse reasonable surgery that is designed to reduce or eliminate your disability; i.e. allow you to return to work with your without restriction, the Workers Compensation Carrier can file a Petition to Suspend your entitlement to Workers Compensation Benefits until you undergo said procedure. Frankly, this is a last resort and I never recommend to my Clients that they undergo surgery in order to avoid the Workers Compensation Carrier filing such a Petition.

This is a situation that is best discussed between your medical providers and your Attorney to determine what is the best course of action for you, and what, if any, affect your decision will have upon your entitlement to ongoing Workers Compensation Benefits.

If after discussing this issue with your current Attorney, you are not satisfied with the response you are certainly free to secure alternative counsel.

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