Modification Hearing

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.

An employer can prevail in modification if it is able to prove that you have earning capacity, meaning, in general, that there are open jobs that you would be able to do. The effect on your compensation depends on the level of pay at available jobs. If you could earn wages equal to or greater than your time of injury average weekly wage then compensation would be suspended. If available work would pay less, then compensation would be modified to 2/3 of the difference. None of this affects medical.

From the language of you post it appears you do not have an attorney--not a good idea. I recommend that you contact an attorney without further delay.

A decision came down today from the Supreme Court in the Anna Grey case, where it was remanded to the WCJ. I don't know what a shoulder injury impairment is but mine is high but less than 50. I'm concerned about being modified, when the economy itself is a problem with the labor market. I do have a lawyer and appreciate all that you all do for injured workers. I'm nervous that I'm not going to be able to pay the bills. My hearing is soon. I intend to bring documents that support my disability to the WCJ but is there something more that I can do so I don't get modified. I live in a very political region of the Commonwealth. I don't have access to this particular case, do you know if it has certain criteria. I really am looking for work, because this system is broken. My pain level is very high but I know there are people physically worse off. Any ideas that you can give would be appreciative. When the WCJ initially wrote my opinion, he stated he felt that I could work despite what my doctors wrote, but that my employer didn't show suitable jobs. Thru time, the cervical and lumbar only got worse. Thanks again.

There are two quite different roads to modification. Modification on the basis of an impairment rating of less than 50% does not by itself change the weekly benefit rate, but it does cap the duration of benefits at 500 weeks from the effective date of modification.

Modification on the basis of earning capacity requires the employer to prove that there are open jobs that you are capable of performing. If the employer is successful, then your weekly benefits would be reduced or suspended depending on what available jobs would pay in relation to your time of injury average weekly wage.

 

Fred Hait:

There are two quite different roads to modification. Modification on the basis of an impairment rating of less than 50% does not by itself change the weekly benefit rate, but it does cap the duration of benefits at 500 weeks from the effective date of modification.

Modification on the basis of earning capacity requires the employer to prove that there are open jobs that you are capable of performing. If the employer is successful, then your weekly benefits would be reduced or suspended depending on what available jobs would pay in relation to your time of injury average weekly wage.

I understand that an Impairment Rating of less than 50% will cap the duration of benefits to 500 weeks but will a Labor Market Survey deeming Earning Capacity and lower Indemnity Benefits for the injured employee also cap the benefits at 500 weeks? 

Modification on either basis caps the duration of benefits or lost earnings at 500 weeks, but an impairment rating by itself does not change the amount of the weekly benefit.

Modifcation never affects the employer's obligation to pay for medical treatment of the work related injury.

Thank you Mr Hait for the information. Your assistance and involvement on this forum is very helpful to us less fortunate injured workers.

Fred Hait:

There are two quite different roads to modification. Modification on the basis of an impairment rating of less than 50% does not by itself change the weekly benefit rate, but it does cap the duration of benefits at 500 weeks from the effective date of modification.

Modification on the basis of earning capacity requires the employer to prove that there are open jobs that you are capable of performing. If the employer is successful, then your weekly benefits would be reduced or suspended depending on what available jobs would pay in relation to your time of injury average weekly wage.

Another question Fred or anybody else ... can the employer potentially do both? Either at the same time or at different time frames? Would the court allow this?

Yes, the employer may do either or both. 

 

Modification on the basis of earning power can be done at any time.

 

An IRE may be requested only after 104 weeks of total disability benefits have been paid.

Fred Hait:

Yes, the employer may do either or both. Modification on the basis of earning power can be done at any time. An IRE may be requested only after 104 weeks of total disability benefits have been paid.

Thanks again Fred.