>Petitions in Pennsylvania Workers Comp Cases

>What is a Petition to Terminate Benefits in Pennsylvania Work Comp

-This is when the insurance company seeks to have your wage loss and medical benefits terminated for good. They can only pursue this if the IME doctor or your own doctor has issued an opinion that you are “fully recovered” from your work injury. It is fairly difficult for the insurer to win this type of petition since the results are so harsh. If you lose, you can file a Petition to Reinstate benefits if you can prove your condition has materially worsened.

What is a Petition to Suspend Benefits in Pennsylvania Work Comp

-This is when the insurance company seeks to suspend your wage loss benefits, arguing that you have re-gained your pre-injury earning power. The insurer can pursue this if you have returned to work somewhere (including your pre-injury employer) at equal to or greater than pre-injury earnings, or if the insurer has established an earning power through a Labor Market Survey. There are some other instances where your benefits can be suspended such as when you fail to return LIBC forms, fail to undergo a reasonable, necessary and related surgery that has a high probability of improving your condition, or if you miss a few IME appointments.

What is a Petition to Modify Benefits in Pennsylvania Work Comp

-This is when the insurance company seeks to modify/reduce your wage loss benefits based on earnings below the pre-injury earnings. Again, this can be based upon an actual return to work or a Labor Market Survey that establishes an earning power.

Remember: YOU HAVE THE RIGHT TO DEFEND THE PETITIONS AND SHOULD. IT IS THE INSURANCE COMPANY WHO HAS THE BURDEN OF PROOF IN THESE PETITIONS AND IT IS NOT EASY FOR THEM TO WIN

-Michael W. Cardamone 215-206-9068 or email mcardamone@krasno.com

Fighting For Injured Workers In Pennsylvania

Heart And Lung Act In Pennsylvania/Act 534 Benefits

Although the Heart and Lung Act awards full compensation and continuation of employee benefits to certain employees, and is therefore more generous than the Pennsylvania Workers’ Compensation Act in that regard, its scope is narrower and its language should be strictly construed.

The purpose of the Heart and Lung Act is to provide important public safety personnel with full compensation while disabled from an injury which happens in the performance of duty; and grants compensation where the disability is temporary. In workers’ compensation, compensastion can be for permanent injuries too.

For police officers, firefighters and other specifically enumerated people, the relevant law is 53 P.S. 637.

For county jail employees in Pennsylvania, the relevant law is 16 P.S. 4531

For state mental hospital workers in Pennsylvania, the section is 61 P.S. 951-952.

Act 534 benefits aka “Act 534/632” applies to an employee of a state penal or correctional institution under the Bureau of Corrections of the Department of Justice and any employee of a state mental hospital or Youth Development Center under the Department of Public Welfare, who is injured by the act of an inmate or person who has been committed to the institution, or an employee of the Department of Public Welfare who volunteers for the firefighting force and is injured while carrying out firefighting duties, etc………

If you need some guidance regarding the interplay between Heart and Lung Act or Act 534 benefits, please give me a call at 215-206-9068

Michael W. Cardamone- Fighting For Injured Workers In Pennsylvania

http://www.MyPhillyWorkersComp.com

The Cardamone Law Firm, LLC

MyPhillyWorkersComp@Gmail.com

>What Is An Independent Medical Exam In Pennsylvania Workers Comp?

>Why does an injured worker in Pennsylvania have to go to an IME doctor- that is, a doctor hired by the workers’ comp insurance company? Well, because the Pennsylvania Workers’ Compensation Act allows for it. An independent medical exam in Pennsylvania every 6 months is reasonable. IME doctors are hired by the insurance company and tend to see things differently than a Claimant’s treating doctor.

An independent medical exam doctor in Pennsylvania will typically spend 5 minutes examining an injured worker in Pennsylvania; and many times they issue a report stating the injured worker is “fully recovered” because there aren’t “objective findings” to support the “subjective complaints”. It proves that medicine is an art- not a science.

An injured worker in Pennsylvania must attend the IME or they risk having their benefits suspended until such time as they attend. The Judges will normally allow a miss, but will then enter an Order compelling attendance at the next scheduled exam- and if the worker misses that exam, they risk a suspension of their indemnity benefits. (wage loss).

For more information about your IME in Pennsylvania, please call Michael Cardamone at 215-206-9068 for a free consult.

Michael W. Cardamone- Fighting For Injured Workers In Pennsylvania
mcardamone@krasno.com

www.workerscomppa.com