Workers' Comp - Pennsylvania

workers comp in pa

utta — Fri, 23 Oct 2009 20:00:44 GMT

My son-in-law got injured at work. Employer did not fight workers comp and payments started right away.

Then there was an inaccurate filing that he was still working..we do not know where the information came from but the insurance carrier filed for a judge's order to discontinue payments.

Son-in-laws attorney straigtened it out with some phone calls..no one went to court. Also was a filing of a penalty. That supposedly was also worked out by phone. No payment of that as of yet.

Son-in-law was reinstated and attorney is now paid 20% out of every bi-weekly check. He was also paid about 30% out of the back wages because of an addition problem with the adjuster.

Since I have never had to file a comp case, I was wondering if this is the norm?

I understand the % payment out of the back wages due, but out of future payments that were not paid because of a paper snafu..I am not sure I understand.

PA IRE

sparky4 — Sun, 18 Oct 2009 23:18:23 GMT

What is it with this IRE? Why would the IC send you for one? What do you do their? I have been on WC for 4 years, could this be some sort of appt for settlement?

Modification Hearing

DARON — Tue, 30 Dec 2008 04:54:09 GMT

I have a Modification hearing scheduled, and I believe I will lose due to Hensal. I worked for a Municipality. The harassment has been relentless. I have been severely scrutinized with UR, Appeals and have prevailed. Because of Chronic Pain, I'm not working but have looked. My chronic pain is really debilatating. There is nothing to apply for. There isn't anything out there at all due to economy. I could never work full-time again and I can't get a recommendation from employer even though I have exemplary credentials. The WC Judge doesn't have the URO decisions nor Appealate Decision which addresses the injury quite well. I would appreciate your help with ideas. My IR is 35. I have 4 yrs off 500 weeks.
My other question is this: Can you "freeze" the indemnity weeks and just take medical rather than lose everything in total? I don't know what I would do without medical care. I also know that I'm being treated differently. Others are being offered buyouts, mediation, and this hearing is to cut me. I'm involved in Major litigation against employer and have prevailed and these are connected. Thanks for your help and have a healthy new year.

no case

homeland — Wed, 13 May 2009 20:02:43 GMT

from what i understand the attorney that represented my case never got the deposition sumbitted. therefore, the wcj went in favor of the insurance carrier who did submitt an IME. i have the choice to file an appeal on the termination, the lawyer handling my case is not interested. so as i'm told it is diffuclt to find an attorney who will actually take an appeal case. i suppose my only choice is to file one myself..i guess it would be better than not to file one. my question is where do you find workmans comp laws to see if you have anything that might ressemble an error in the comp. decision? thank you all for your information and help.

what can i expect

homeland — Tue, 05 May 2009 20:25:16 GMT

i've been injuried since 2006. been kicked around by the company and the insurance carrier. the judge handling the case is going to render a decision concerning the case, perhaps close it. not sure what that means. am i to assume that the judge just throws you off comp. your medical doesn't get paid and your out in the cold? will the judge render a onesided decision and rule entirely in the insurance carrier favor? please, any imput is greatly appreciated.

Diehl Decision

Sally1791 — Tue, 05 May 2009 02:54:36 GMT

Could you explain the Diehl decision? Thanks in advance.

Have been on W.C.for over 20 monhs.

mingo2 — Thu, 04 Dec 2008 21:34:14 GMT

I've been on WC for over 20 months, the first period was 11 months.After a cortizons shot,felt less pain, returned to work on light duty. Just about 3 weeks, it flared up again, saw Doctor for another shot...didn't help.Decided to have the surgery,So far it'd gotten better with the help of physical therapy. But when I started doing some lifting as part of the strengthening in order to gain back the strength to lifting, grabbing,gripping...the pain got worse and worse...
I'm not sure what to do next, should I get my Lawyer involved now or wait until WC starts causing trouble. How do I go about it?
Thing is I dont think I'm able to do any repetetive work any more, because everytime I started to use my arm, the pain would flare up.
I'm hardly doing normal house work, because it hurts to use the arm.It's not fun when I have to ask my family member to do things for me that a healthy person would do naturally,,,very frustrated.
Anyone has any advise ?

Workers Comp Settlement Fear

sanityrose — Fri, 05 Dec 2008 07:11:20 GMT

Good day all,

Thank you in advance for any insight!

I have been on WC for appox 3 years for a back injury. I have had one surgery and I have been close to homeless and fighting through. Recently, I had a settlement hearing and did not even know that's what was going on. My lawyer did not prepare me, nor ask me what I wanted to do.

He and the WC lawyer and judge are all 'golfing buddies', in a small town where backs are always scratched...I am getting nervous. My lawyer, the judge and the WC lawyer all talked in the lobby and other rooms, leaving me alone in a room, while they negotiated. After one attempt at an amount (my lawyer refused to ask for the amount I indicated) the judge came into my room and said they would go to 60 with 6 months medical.

The problems is, my neurosurgeon recently tested and examined me and he sent reports to my attending therapist...together...they fill I still need a great deal of treatment. At least 3 years to just get you back on track-they said. But, my lawyer did not even have that report yet and totally disregarded it anyway.

My father in law and several friends still have their medical open after a substantial settlement over 20 years ago.

My lawyer refused to hear me out....even though he received 3000 for my first hearing 3 years ago and over 600 a month of my checks since, with only one hearing since then. He said that if I go back in on the 12th of this month, when the final papers are to be signed, and say that I feel I either deserve more or that I want the medical left open, then the judge can just drop it all! I feel like I am being pulled about here! My family (wife sick with life illness) have been in bread lines over the last years...scrapping by and standing beside me...I don't want to be screwed over for an injury that was 100% the fault of employer.

Can I refuse this offer...demand medical left open with out fear of the case being tossed?

The settlement was for 60,000, the lawyer takes 15%...6 months medical...with a back injury my doctors say I still can not work at even light duty capacity with. I am only 34 and was a 10+ year concrete finisher. I know no other job or skills.

Thank you for your time! Plz forgive the long post! Its late and my body/heart/and nerves can't take anymore!

God Bless,
S.R.

Pension Offset

Sally1791 — Wed, 26 Nov 2008 05:44:54 GMT

One of my former co-workers who is also on workers compensation, stated that we are having more of an off-set taken out of our Workers compensation pay than we are supposed to. We previously worked for a municipal govt. She said the amount is about 48.6% of the whole pension as this is what they determined to be the amount contributed by the employer. How and where do we go to find out what the correct amount should be? Where would we go to find out? She claims we should have more money in our checks and also more in a settlement amount if it ever happens. Naturally, we all had trouble with the Insurance Adjustor and want to know where they get the amounts. I'm don't understand offsets at all. Thanks in advance.

Mediation Denied

sparky4 — Mon, 24 Nov 2008 20:25:18 GMT

Did anyone ever here of mediation being denied because of a lack of authority over who makes the call for the Insurance Company? The perceived intrepretation is to be no funds for settlement. If I were a wc judge I would frown over a call like this. There is absolutley no way this entity is lacking funds.

Fired for having senstive information

chloema1 — Mon, 24 Nov 2008 00:57:40 GMT

I believe I was fired for having senstive information that came from my boss' e-mail.

I found and e-mail that my boss left on the printer about a doctor's concerns about preventable deaths. I went to corporate compliance and gave them the e-mail. They said that there was no foul-play. In the meantime my boss started writting me up for things that I was not doing?

My question is is there anything I can do about my firing in regards to the e-mail? Also what is my resposibility in regards to this information with the authories? There is really no reason to believe the compliance officer, afterall she is there to protect the corporation and not a terminated ex-employee.

Status of Limitations

timlab — Fri, 21 Nov 2008 18:30:25 GMT

Is there a Statue of Limitations on WC? My wife hurt herself about 7 years ago and never asked for WC. Can she now?

thank you

mexico2 — Wed, 29 Oct 2008 17:23:53 GMT

thank you for responding to both questions.

question

mexico2 — Tue, 28 Oct 2008 18:37:12 GMT

i've seen previously on this site about specific scheduled payouts for certain injuries. what?? is there a book of guidelines one goes by? i am an injured worker and at this time cannot work due to a work related injury. which is still being treated. who has this book (if there is one). and is it made available to the wounded? thank you.

after judges decision

mexico2 — Tue, 28 Oct 2008 19:12:20 GMT

based on your legal experience....after a judges decision can either party appeal the decision? during the appeal will benefits that are in place by order of the judge stopped by the insurance company? and if both parties present medical information supporting their argument how does a judge render a decision? does it become a coin flip?? thank you.

question

mexico2 — Thu, 18 Sep 2008 23:59:19 GMT

can you be "terminated" from your claim from a workmans comp. judge by what an IME states? regardless of existing work related injury. what does a workmans comp judge think when an employer shows up at hearing with your boss and other company officials and bad mouths the hell out of a claimant? Does that play a roll with the judges decision? if so, do you think it would be in my best interest to show up at a hearing with as many of my x-co-workers as i can get as a rebuttal to the companies attempt to slander a claimant. thank you.

final hearing

mexico2 — Tue, 09 Sep 2008 18:59:04 GMT

wow!!!!! figured this message board out. ok. here's my question. what is a final hearing? i have an open workmans comp. i'll make this brief as possible. i have been to hearings related to my injury. i am collecting a partial checks on my claim. i am not recovered from the injury and i am getting medical intervention still. what can i expect at this kind of proceeding and what does final hearing mean?? thank you.

Injury at work

timlab — Wed, 13 Aug 2008 01:32:57 GMT

Okay, I have an injury lower back from work from 04 to 08. In 08 I settle my case from NY, and then later found a job in PA, in which I injury my lower back again. What happens?

RSI in PA

sander_gal — Tue, 29 Jul 2008 23:04:56 GMT

I have been a sander for 7 years. (Hand sanding) I now have Repetitive Stress Injuries to my elbows.....Medial and Lateral Epicondylitis. I've already had surgery to the Medial on my right arm in May '08. Isn't looking too promising for the Lateral on the right either. I've been off work since and in Physical Therapy for about 7 weeks. The therapist has asked me several times if I have an attorney...which I don't. I haven't had any problems with my employer or with receiving my Comp benefits. Do I really need an attorney at this time? The therapist has tried "simulating sanding" in therapy which caused tremendous pain the following day. He told me if that caused pain- I would NOT be able to return to the sanding pace that I was doing. What if the Dr tells me I can return to my job and I cannot do it without pain?

Diehl Case

Sally1791 — Thu, 26 Jun 2008 02:39:48 GMT

PA Commonwealth Court vacated this decision today regarding IRE'S. What is this about and what can we expect?

IME?

terrimc1 — Wed, 25 Jun 2008 15:25:46 GMT

I was injured n Oct 03 and have been recieving workers compensation since that time. I have been diagnosed with RSD in my hand due to being kicked by one of my students. I just recieved a letter stating an IME has been scheduled for 9/08. I have read on the forum that workers comp has to request and IME within 60 days after 104 weeks has expired. My question is I have heard most IME"s no matter your injury will say you are healed and able to return to work reguardless of what your doctor says. Can workers comp just stop my compensation? What happens if the IME is requested after the 60 day window?

Petition Help

BruceS11 — Fri, 13 Jun 2008 04:36:23 GMT

I reached a settlement agreement with the workers comp lawyer that we both agreed was fair to both sides. On the day of the hearing to seek approval of compromise and release the insurance company backed out. Thier statement was the lawyer representing them had no power to agree to a settlement. The judge really dident care for that answer and was mad cause it was a waste of time for a hearing. The judge told the comp lawyer lets get this done already its been going on to long this guy been back to work for over 3 years already. Today 3 months later i recieved a hearing for:
Pet to seek offset
Pet to seek approval for comp and release
Remand Claim Pet
Remand Claim Pet

I'm just alittle confused on the meaning of the Remand Petition

very confused.

mit1 — Mon, 09 Jun 2008 16:02:12 GMT

I have been injured at work, an amputation of two
fingers. The area i am from is Northampton County,
Pa. I have emotional, as well as physical damage.
I have been passed off from lawyer to lawyer.
the last statement I was told implied that, all work related accidents have a scheduled payout, and that i must submit the proof that a mental defect occured at the time of the amputation. my workers comp. has denied payments to doctors and hospitals for the mental aspect of my injuries.
I was sent there as an assignment from a temp agency. is there any chance of a third party suit?

IME help

ChaP1 — Thu, 22 May 2008 14:33:58 GMT

I am an injured Postal worker who suffered a recurrence of a back injury(disc herniation/bulging).

I have been approved for Workman's Comp so they have recognized the injury was work related.

I have been out of work since August of 2006, and I have been doing whatever was instructed or suggested by my doctors to help alleviate the constant pain in my back.

I have done Physical Therapy, had many many needles jammed in my back, traction, Chiropractic care, and other tests.

They sent me for an IME which of course came back as saying I have had a full recovery. However the IME doctor did indicate that I do have an injury history related to the current claim and I should work in a limited duty status.

I was not(and still am not) ready to go back as any kind of heavier or repetitive activity still makes the pain very bad, as does prolonged sitting. The only thing that brings me relief is constant changing of position/posture and the most relief comes when lying down and taking pressure off my back. I argued the IME decision and won.

Now they sent me to another IME (about 6 months later), this guy was a real creep. Interrogating me, mocking my answers to his questions, and barely examining me physically. I also have had people watching and filming me, sitting out in front of my house on and off.

I have always indicated to my Doctors and the WC doctors my intention and desire to return to work in some capacity when the pain is more tolerable. I have never mentioned the thought of permanent disability.

Now the way the second IME doctor is treated me and the occasional spying/surveillance is making me sick.
I feel like I am being harassed.

Now I await the report from the second IME.

I'm the one who has constant back pain, and they are treating me like and making me feel like a criminal.
I feel bad enough that I can't work and live my normal way of life and I just want to get that back. But now I have to deal with this. It is draining me mentally.

Is there anything I can do ?

Right now the plan from my pain management physician is for me to have a decompression in late June/early July. If that alleviates my pain(he thinks it should work), I should return to work shortly after that in a light duty capacity. However I don't know if I can even make it that long with all this stress.

I don't have a lawyer, I really haven't needed one as of yet because I think I have handled things pretty well and by the book thanks to sites like this one and others. I did contact a lawyer after the first IME and my 30 day letter, but he wanted an up front fee of $3,000, something that I cannot afford. Fortunately, he gave me some help on how to appeal the decision.

IRE

turnbacktime — Wed, 21 May 2008 17:03:51 GMT

Is there a set time for an IRE to be done? If there is, can the insurance company order one after that time limit?