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The PA WC Board vacated and remanded WC Judge to reconsider claimant's attending physician credibility in WC case, whose testimony was deemed "incompetent" and not credible by judge. the judge recently (Jan 4, 2017)denied the claim again. please advise.
answered on Jan 14, 2017
You would need to appeal again to the Workers' Compensation Appeal Board. You only have 20 days to file the appeal, so it is important that you do so as quickly as possible. If you have a lawyer, you should discuss this matter with your attorney. If you do not have an attorney, it would not... View More 
Judge turned him down for workmans comp. Judge awarded only pennies. Can we appeal?
answered on Jan 5, 2017
Yes you can file an appeal. The real question is whether or not there are issues with the decision that could result in a favorable appeal. Since you only have 20 days from the date upon which the decision is circulated to file the appeal, I would strongly suggest that you review the judge's... View More
I went to see a doctor that they picked and he wanted to do an operation to fix my wrist (tfcc tear and sprain thumb which was requiring a release) I went for a second opinion and then the first doctor agreed with the second opinion doctor and now five months later still not fixed or do I have use... View More
answered on Dec 29, 2016
You are only required to treat from the employer's panel in PA for the first 90 days after the injury. Once the 90 days is over, you can treat with whoever you want, and you can change doctor's as frequently as you feel is appropriate. The employer/carrier does have the right to... View More
answered on Dec 17, 2016
Not really. The formula for calculating the average weekly wage is different, but that is about it.
After 5 months of therapy under workmans comp, I may now require surgery.
It was an on the job injury.
answered on Nov 28, 2016
Comp would pay for the surgery and time out of work so long as the surgery is related to the injury. If you haven't already gotten a consult suggest it's a good time to get a consult--free--from a member of the Pennsylvania Assn for Justice. If your injury was related to fixing or using a... View More
We paid his portion of the medical and dental benefits while the employee was out on WC, now that the employee is returning part time and will receive a paycheck from the company and partial payment from workers comp. The company would like to start taking the employee deductions for the benefits... View More
answered on Nov 23, 2016
Frankly you didn't have to pay his portion when he was off on WC, and yes you can start taking the deduction now that he is back to work. As a brief caveat, this answer could change if there is a collective bargaining agreement or history of treating other employees differently, and to be... View More
The tip is causing me pain, even before I knew exactly where it was located I was complaining of pain in a very specific spot. I had xrays and an mri and my point of pain in exactly where the tip is. The original surgeon insists that there's no way I can feel it and I don't need to worry... View More
answered on Nov 20, 2016
See an attorney regarding a potential medical malpractice claim, and they may have a doctor that would be willing to address the issue. If you have an attorney for your workers' compensation claim, he may be able to recommend an attorney for the medical malpractice issue.
I have been on comp for many years. Since 2008, my condition really hasn't changed. Only treatment is office visits every six months and meds to control pain. A UR of the Dr.'s treatment was done about one year ago and my treatment was deemed necessary. Comp requested another UR of the... View More
answered on Nov 20, 2016
There really isn't a hard and fast rule. There are cases that prohibit serial reviews of the same treatment if there isn't some form of change, but that change could include a change in treatment, symptoms, or even something new noted by an IME doctor.
answered on Nov 5, 2016
No. Workers' compensation applies to work related injuries only and pays wage loss and medical benefits arising out of the work injury based upon state laws. Disability can include a disability policy which normally excludes work related injuries and pays benefits based upon the policy... View More
answered on Nov 3, 2016
I am not 100% certain that I understand the question; however, child support can be deducted from your workers' compensation benefits. If your child support obligations are be temporarily suspended due to no income, you would of course have to notify child support of your change in... View More
answered on Oct 31, 2016
The carrier has 21 days to initiate payment, but many judges will allow up to 30 days before the payment is considered late.
I was sent to see my employers Dr he didn't check me just said here is what they want an sent me on my way he did tell me to follow up with my pcp so I did my pcp gave me a leave of absece for 6 to 8 weeks. My employer calls me an said I have to return to work on light duty while I am injured... View More
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answered on Oct 27, 2016
You need to consult with a workers compensation attorney as soon as possible. I recommend Marla Joseph, Esq. 215-884-6664.
Dr. Bills are being paid also. Taxes are being taken out from my checks should I worry
answered on Oct 16, 2016
I note that you appear to be from MD and this is a PA forum. Assuming this is a PA claim, WC wage loss benefits are not reduced by taxes, so I do not know what you are receiving but it is probably not workers' compensation. Short answer to your question is yes you should be worried. I would... View More
Our son has been keeping us a float so far. Do u know about how long it takes for judge to decide?
answered on Oct 12, 2016
It depends on the complexity of the case and the judge assigned, but most judge's will issue a decision within 60-90 days of the brief being submitted. Your lawyer would be in a much better position to estimate how long it will take with your particular judge and fact pattern.
answered on Oct 10, 2016
If the vacation time is an accrued benefit as a result of hours already worked you should be able to receive both the vacation time and workers' compensation at the same time; however, expect the WC carrier to attempt to take a credit, so if you have a lawyer discuss this with them first. If... View More
answered on Oct 4, 2016
You should have received a list with at least 6 providers, and you are permitted to choose from the list. Assuming the employer provided the panel list, you only have to treat with those doctors for the first 90 days then you can treat with any medical provider.
can she do that? was my doctor's office wrong in doing it? they still haven't told me, she did
answered on Oct 4, 2016
Time for you to consult a member of the Pennsylvania Assn for Justice who handles comp--they give free consultations.
Unfortunately,we have an employer oriented Commonwealth Court which gives insurance companies a lot of leeway.
Assuming they give you notice they can move an... View More
answered on Sep 22, 2016
If you were on the job you were on the job. What it affects is your wage loss claim if you are unable to work. Consult a member of the Pennsylvania Assn for Justice--they give free consultations.
might cause injury. At the end of the day I felt that I might get a bruise. I did not report this to my office immediately as I don't consider a bruise to be a big deal. The next day, Friday, there was a bruise on my left leg below my knee and my left knee was very sore. I've had... View More
answered on Sep 17, 2016
You are potentially entitled. The Workers' Compensation Act in PA requires notice within 21 days to be covered for wage loss from day 1 or 120 days of the injury to be covered from the date of notice forward. Obviously you are well within either; however timely notice does not mean the... View More
Didn't my company set its own precedent by having all injury related appts on the clock?
answered on Sep 14, 2016
I believe it would be but you should contact an attorney who focuses their practice on workers compensation to be sure. Look for one that is a member of the Pennsylvania Assn for Justice. They give free consultations.
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