PA Workers Comp- The IME Doctor Claims I Am Recovered But I Am Not- What Should I Do?

This scenario happens frequently in Pennsylvania Workers’ Compensation cases. Why? Well, the insurer/employer is permitted an “Independent Medical Exam” every 6 months and they often send you to doctors who will have a propensity to opine that you’re recovered from the work-related injury and/or that any ongoing disability may be real but related to non- work related problems such as degenerative arthritis. A full recovery opinion will generate a Petition to Terminate your benefits and you’ll be in Court quickly.

First, make sure you retain an experienced, Certified PA Work Comp Lawyer. The Judges will tell you at the first hearing, if you’re not represented, that it’s HIGHLY recommended. It’s nearly impossible to litigate a case properly unless you’re an attorney. PA Workers’ Compensation has become quite complicated and technical. Moreover, it’s costly to obtain a doctor’s deposition which is necessary in most cases- let alone knowing how to take a deposition, knowing the rules of evidence, etc.

Another good idea to is schedule an appointment with your treating doctor. Take the IME report with you so your physician can review it and perhaps comment on it in their treatment notes. In this regard, your doctor make have different findings upon examination and we can utilize this to cross examine their expert when it comes time for a deposition.

You may receive a “Job Offer” letter from the employer if you’re still employed there. This can cause great anxiety as to whether to attempt the job or not. Speak to your attorney about this situation immediately upon receipt of any such letter.

A hearing will be scheduled after the Petition to Terminate is filed by the insurer/employer. The first stage of the case is called “Supersedeas” and you’ll need to speak to your PA Work Comp Attorney to determine what evidence you will submit at the first proceeding. This stage of the case is critical because if you lose then your checks stop or get reduced as the litigation unfolds over the next months thereafter.

Most importantly, do NOT panic. Remember, a doctor’s opinion is just that- an Opinion. It’s not a fact. Only you know how you feel. But hopefully your treating doctor will be on your side. If he or she isn’t, then speak to your attorney about seeing a new physician immediately.

Call Cardamone Law 7 days a week at (215) 206-9068 or email Michael@CardamoneLaw.com

All We Do Is Workers Comp- and Only for Injured Workers. There are virtually no other firms with 100% dedication to PA Workers Compensation.

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Pennsylvania Workers’ Comp- Vocational Assessments

If you’re an injured worker who receives Pennsylvania Workers’ Comp benefits, at some point, the insurer may request a “vocational interview”.  This begins the process whereby the insurer tries to establish an earning power. They must first confirm that the pre- injury employer cannot accommodate your restrictions, before undertaking the vocational assessment (sometimes referred to as a “Labor Market Survey” or “Earning Power Assessment”). The vocational interview tends to last about 45 minutes or so. I attend these with my clients to make sure the questions are appropriate and relevant. Then the expert tries to find jobs within the injured worker’s geographical region that fit within the vocational and physical abilities of the injured worker. A report gets generated listing the specific jobs that are allegedly available. It lists the alleged earning power of the injured worker, and soon thereafter a Petition to Modify or Suspend benefits is filed- putting the case before a Workers’ Compensation Judge.

There are many ways to defend a Petition to Modify or Suspend benefits. Call or email me 7 days a week to discuss your case- no fees can be charged in any work comp case without a court order so there must be litigation or a settlement for a a work comp attorney to get paid. In other words- you’ll get advice without having to send us any money. (215) 206-9068 or Michael@CardamoneLaw.com

Every injured worker must realize that the goal of the work comp insurer is to pay AS LITTLE AS POSSIBLE.  So they aggressively use the tools available to them under the PA Workers Comp Act to challenge benefits. The Vocational Assessment is a common way to challenge benefits. It is not a wise decision to fight the insurer alone. They are receiving legal advice from attorneys and you should too. Your loss of earning power may be significant and permanent and you won’t want to have your checks reduced merely because you failed to “lawyer up”. This area of the PA Work Comp Act is very technical and you will want a Certified PA Work Comp Specialist to maximize your chances at defending against a reduction in your weekly or bi-weekly checks.

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Workers’ Compensation Attorney Philadelphia: Cardamone Law Has Quickly Become A Force

Cardamone Law is a specialized boutique firm solely for injured workers. With offices in Blue Bell, Philadelphia, Exton, Lancaster, and the Lehigh Valley- it helps injured workers in Eastern and Central Pennsylvania. Owned by experienced and Certified Work Comp Specialist, Michael W. Cardamone, Cardamone Law was formed in 2013 to focus 100% of its practice on injured workers. Virtually every other firm in PA that touts itself as a “Workers’ Compensation Firm” handles other types of law such as social security or personal injury. Cardamone Law, however, only handles workers’ compensation cases for injured workers.

Cardamone Law garnered a lot of attention from the radio ad on 94 WIP the flagship station of the Philadelphia Eagles. Cardamone was the voice of the ad, further distinguishing him from competitors who used “professional” voices. Cardamone Law is an intimate firm that provides unparalleled attention to detail and passion. Injured workers with serious injuries are turning to the firm so that Attorney Cardamone can handle their cases from scratch rather than being shuffled around to different attorneys in the same firm.

Attorney Cardamone was recently selected to the Best Attorneys of America by Rue Rating and the Top 100 In Pennsylvania by The National Advocates. He is a committee member of The National Advocates along with some well known attorneys featured on CNN such as Gloria Allred and Mark Geragos.

Work Related Injuries are often life changing. Choose a firm that has your back from start to finish, that focuses 100% of its practice on Pennsylvania Workers’ Compensation.

(215) 206-9068

Michael@CardamoneLaw.com

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