Following a work injury, and according to workers’ compensation case laws, after you deem able to work again, your employer can ask you to return to work. The new work offered could be lighter than you used to handle, with reduced hours, too. These modified work responsibilities intend to reacclimatize you to the work environment and help your transition become smoother.
However, there are cases when you cannot take on even these lighter duties.
Can your employer force you to come back to work? If you refuse, can they reduce your compensation benefits?
Not if Cardamone Law has anything to do with it!
Image Source: unsplash/Maarten van den Heuvel
Our client was a nurse at a large Pennsylvania hospital when she injured her foot at work. The injury led to surgery and a long recovery. Due to the injury, and the subsequent healing process, it was difficult for our client to resume her usual responsibilities at work. Therefore, when she was somewhat healed, she was asked to come back to work and handle some modified tasks – a desk duty to be precise.
While the work itself was doable, our client was unable to commute due to her injury. She experienced numbness, pain, and other symptoms, and was unable to drive long distances – hence, she was unable to commute to work.
When her condition was made clear to her employer, they decided to go to litigation. Attorney Michael Cardamone, owner of Cardamone Law, a powerhouse boutique firm for injured workers, obliged.
During the course of the trial, Attorney Michael Cardamone, successfully proved the seriousness of his client’s injury. It was demonstrated that while the job was doable, the travel was not.
It took 14 months of litigation, two expert medical depositions, and testimony from our client, as well as an employer witness to prove our case.
Judge Donald Poorman issued his well-reasoned Decision, denying the Petition to Modify work comp Benefits, finding that the claimant was credible, as was her doctor, in demonstrating that she was unable to get to the job due to her work-related injury.
Cardamone also successfully asserted that the accepted diagnoses should be amended to comport with the diagnoses of claimant’s treating physician, who was in a better position to render such opinions having treated claimant over a period of time.
It is important to note that while your employer and their insurance provider can compel you to attend an Independent Medical Exam following your work-related injury, you are free to get your own diagnoses too from an expert your trust. If you are honest and open about your injuries and any pre-existing conditions, it’s more likely that an IME will end up in your favor. But do not do it alone. As soon as you receive a notice asking you to take an IME, lawyer up immediately.
Why Choose Cardamone Law?
You hear a lot of chatter on TV these days that “size matters”. We agree – smaller is better.
We give our cases more attention than what you’ll get from a large firm with their hands dipped in all kinds of cases and litigation. We give your case the focus it needs to see it come to fruition. We comb through each and every detail of every case. We cross our Ts and dot our Is.
We are the workers’ compensation case experts that prove that you don’t need 5 million dollars to try a case. And, we’re fully equipped financially if we do need to spend a lot of money.
Our files don’t get passed around to rookies for every event/hearing. We carefully work on our cases with our two highly experienced lawyers, and an “of counsel” lawyer. We defeated million and billion dollar companies on a routine basis.
If you are looking for Philadelphia work comp attorneys who do not shy away from a good fight, give us a call today: (215) 206-9068. We are happy to offer you a free-of-charge and free-of-obligation consultation any time.