You would need to file a Petition to Reinstate or a Claim Petition to address the ongoing loss of earnings and then present fact and medical evidence to the judge to prove your entitlement to wage loss. Unless you are experienced at examining and cross-examining fact and medical witnesses, your... View More

If the carrier has scheduled the FCE, you have the option of fighting the FCE as going beyond the examination permitted by the Pennsylvania Workers' Compensation Act. Assuming you attend the FCE, the FCE alone will not stop your checks. The employer must take further action either in the... View More

It is not consistent with the requirements of the Pennsylvania Workers' Compensation Act. By not providing you with the list of panel physicians your employer has surrendered their right to control providers during the first 90 days, so if you choose to treat with another doctor, that doctor... View More

In almost all situations where you suffer an injury at work, your remedy is restricted to workers' compensation. If someone other than your employer or a coworker were responsible for your injury, you may have a separate claim, but in regard to your employer you are confined to workers'... View More

An employee has up to 120 days after a work injury to report it to their employer. Once it is reported, you should complete the necessary forms and submit them to your workers' compensation carrier. You should also provide them with your list of panel providers and have them sign indicated... View More

It is possible that over use of the left shoulder after the right shoulder surgery resulted in your current pain; however, to establish this you would need a medical opinion within a reasonable degree of medical certainty. Apparently your surgeon does not believe that there is a connection, so... View More

Assuming that you were working and this was a coworker working for the same company, you would be confined to a workers' compensation claim. Workers' compensation in Pennsylvania does not pay for pain and suffering, but it does pay wage loss and medical bills. If the worker that dropped... View More

Yes, you can pursue such a claim, but it would seriously damage your overall credibility and make winning such a claim very difficult.

Your wage loss checks are to be sent at the same intervals as your wages were received when you were still working. Obviously you have an attorney, so I would strongly suggest sitting down with him and obtaining a full explanation of what happened, how it happened, and alternatives to resolve the... View More

Leaving your employment alone will not terminate your right to medical benefits. It will impact your potential right to wage loss benefits, and if you do return to work at another employer in the future, it is possible the insurance career may try to blame the new employer for any ongoing... View More

It is unlikely that the workers' compensation carrier will voluntarily assume responsibility for the other arm. If you have a medical opinion within a reasonable degree of medical certainty that the new complaints are as a result of overuse arising from the first injury, you may be able to... View More

This is a complicated question that you should really address directly with an attorney since taking another job can certainly impact your ongoing entitlement to benefits and the potential settlement value of your case. However, as a general answer that could change depending on the specific facts... View More

Your health insurance is not required to provide coverage, but if you do proceed with a workers' compensation claim they will have the right to seek reimbursement from the workers' compensation carrier.

The carrier will normally have the report within 30-60 days of the examination. If your case is not in litigation they may, or may not, provide a copy of this report to you.

That depends on your WC policy. You should have had an option to not insure yourself in exchange for a lower rate. If you took this option, you are not eligible to collect workers' compensation. If you did insure yourself for workers' compensation benefits, then you should be eligible.

If you are being provided with work within your restrictions, including sitting in a room, you either perform the job or risk having your benefits suspended for failure to perform suitable work. Clearly the employer is playing games and trying to get you to quit. If you have not already done so,... View More

Unfortunately, workers' compensation does not provide any form of job security or requirement that your employer take you back when you are better. For the time being, your wage loss benefits will continue, but expect the insurance carrier to seek to terminate your benefits in the near... View More

If you are no longer receiving benefits due to a termination of your benefits or a Compromise and Release Agreement, you have no obligation to inform the workers' compensation carrier regarding where you plan to return to work.

The 90 days regarding treatment with panel physicians only applies to payment of medical bills, so the fact that you get the surgery performed by a physician not on the panel would not directly impact your entitlement to wage loss benefits. However, you could be personally responsible for the cost... View More

You can settle at any time, but settlements are voluntary, so both sides need to agree on a number. Furthermore, in most cases as part of the settlement you will be asked to resign your current job, and finding another one with ongoing limitations could be difficult. You are correct that your... View More