Philadelphia, PA asked in Workers' Compensation for Pennsylvania

Q: I have been off since July 20,2017. Have Dr. documented superior labral tear right shoulder,c4c5c6 damage with neck

What happens if I decide to not have the surgery.

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2 Lawyer Answers
Alexander Palutis
Alexander Palutis
Answered
  • Workers' Compensation Lawyer
  • Harrisburg, PA
  • Licensed in Pennsylvania

A: It is obviously up to you whether or not you proceed with surgery for your presumed work related injuries to your neck and shoulder. However, the WC insurance company could try to establish that you have refused medical treatment that would, if obtained , improve your conditions by a certain percentage amount. This will likely lead to litigation. It is advised that you seek the counsel of a Pa. Certified Specialist in Workers’ Compensation Law. You have difficult decisions to make with regard to your health and your benefits.

A consultation with a specialist will help guide you. Best of luck with everything.

Richard Alan Jaffe and Glenn Neiman agree with this answer

Richard Alan Jaffe
Richard Alan Jaffe
PREMIUM
Answered
  • Workers' Compensation Lawyer
  • Philadelphia, PA
  • Licensed in Pennsylvania

A: I am sorry to hear about the problems you are having with your work-related injury to your shoulder and cervical spine.

As previously noted, if your treating physician recommends that you undergo surgery to address either the Slap Tear or the herniated discs in your cervical spine, and there are no unreasonable complications to either procedure, and you "refuse" to follow your Doctor's recommendations, the Workers Compensation Carrier can file a Petition to Suspend your entitlement to Workers Compensation Benefits based upon the refusal of reasonable medical treatment. In my 31 years of practice, I have never lost such a Petition, and never recommend to my Clients that they undergo said procedures for the sole purpose of avoiding the filing of such a petition.

Before taking any action, it is my recommendation that you discuss your case with a Certified Specialist in Pennsylvania workers Compensation Law to determine your rights and remedies, as well as discussing your medical situation with your treating physicians to determine what, if any, alternative courses of treatment are available and whether, or not, they would have a similar rate of success as the proposed surgical procedure.

Please note that the Initial Consultation with said Attorney would be free of charge and most Attorneys except Workers Compensation Claims on a contingent fee basis.

Glenn Neiman agrees with this answer

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