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If The IME Doctor Says I Am Fully Recovered From My PA Work Injury, Is My Pennsylvania Work Comp Case Over?

Absolutely not.

The IME report is simply an opinion from a hand picked doctor by the insurer. The IME doctor does not have the final say- the Work Comp Judge does! You will be able to have your doctor’s reports, or deposition, taken to defend any allegation of a recovery, in addition to your own testimony.

If the IME doctor claims you are fully recovered from your work injury, the insurer’s attorney will file a Petition to Terminate benefits. The mere filing of the petition, or the receipt of the IME report, does NOT stop your checks if you are currently receiving them. The checks can only stop via Court Order in this context (there are a few exceptions which we’ll discuss later). Once the petition is assigned to a Work Comp Judge, then a notice of hearing will be sent. The first hearing is called a Supersedeas hearing. The insurer’s attorney will submit a copy of the IME report and ask the Judge to cut off the wage loss benefits. The Judge will allow the Claimant (ie, injured worker) time to respond. It is imperative that you retain an experienced Pennsylvania Workers’ Comp Attorney right away to defend the request for Supersedeas. If you win the Supersedeas issue, your checks will continue as the litigation takes place. Winning at the Supersedeas level is critical because the litigation can take up to a year or longer so you will need that cash flow as the months pass by.

Short of a Court Order cutting off the wage loss checks, there are only a few situations where the insurer can stop sending you your work comp checks. One situation is if they send you LIBC forms asking you about whether your condition has changed, whether you are working, whether you are receiving unemployment, social security (old age), pension, or severance payments. If you fail to return these forms within 30 days, the insurer can cease payments until they receive them. Another example of the insurer being allowed to stop your checks (or reduce them), short of a Court Order, is if you return to work of course- you must report the earnings so that the insurer can calculate what if any payments are due based upon your pre-injury average weekly wage and the amount of current gross weekly earnings.

Do not panic if you receive a Notice of Ability to Return to Work and/or an Independent Medical Exam (it’s not “independent”- it’s a defense exam). If you are receiving work comp checks, the receipt of these documents will not stop your checks in and of themselves. For more info about how Pennsylvania Work Comp works, call or email me 7 days a week.

Michael W. Cardamone – Certified Pennsylvania Work Comp Lawyer For Injured Workers

The Cardamone Law Firm, LLC

(215) 206-9068

Awards & Recognitions

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Cardamone Law Has Negotiated Some of the Largest Workers’ Comp Settlements in Pennsylvania

$2.2 Million
Spinal Injury
$897,000
Lower Back Injury
$650,000
Lower Back Injury
$550,000
Neck Injury
$425,000
Leg Injury
$375,000
Knee Injury
$325,000
Ankle Injury
& Hundreds More Cases
$2.2 Million
Spinal Injury
$897,000
Lower Back Injury
$650,000
Lower Back Injury
$550,000
Neck Injury
$425,000
Leg Injury
$375,000
Knee Injury
$325,000
Ankle Injury
& Hundreds More Cases

Client Testimonials

"Best Law Firm around!"

"Cardomone law is absolutely fantastic! They are very responsive and helpful and they will fight to get you what you deserve. Shirley is also very helpful whenever you have any questions! Best Law Firm around!"

- C. Edwards
Google Reviews
"Michael and Shirley are very dedicated...and getting the maximum amount favorable to my case"

"Cardamone Law Firm were very helpful to me since day one. Michael and Shirley are very dedicated to my case giving me updates, answering my questions, being honest with my case, and getting the maximum amount favorable to my case. Thank you so much for your service and dedication and helping me to achieve not only your case but to guide and refer me in other needs too! You guys are the best law firm friendly and dedicated. I will recommend to anyone."

- A. Ortiz
Google Reviews
"Michael won my workers comp case after my employer insurance denied my claim."

"Exceptional firm. Highly recommend this law firm. Michael won my Workers Comp case after my employer insurance denied my claim. Him and his staff were always at my reach for legal and emotional support. Am so happy I hire them. Thanks Michael and Ms. Shirley."

- Carlos P.
Google Reviews
"[They] did an excellent job in getting me financially compensated in a fairly short amount of time."

"I recently had a work related injury and was receiving Workers' Compensation (medical benefits only). Soon after I was fired, so I contacted Paul Silver at Cardamone Law Firm who did an excellent job in getting me financially compensated in a fairly short amount of time. Paul and his assistant Shirley always responded to any questions I had about the case in a very short amount of time. Thank you for helping me with this difficult case."

- Robin C.
Google Reviews
"Highly recommend."

"Cardamone Law was great with helping my husband with his Workers Comp issues. Mike and Shirley were the best with letting us know what was going on every step of the way. Highly recommend."

- Danielle P.
Google Reviews
"Mike Cardamone is amazing"

"Mike Cardamone is amazing. He is "hands down" one of the best lawyers I've ever had the privilege of knowing. He is very kind, understanding, knowledgeable in his field, always very thorough and helpful. He was extremely professional and someone who truly cares about his clients. I felt completely at ease with him. He was a pleasure to work with, explained everything in detail, as well as answered all my questions with knowledge and care. If you want someone you can trust, who communicates every step of the way, will fight for you and make sure you win your case, he is it! I will refer all my family and friends to him. Thank you so much Mike, for everything. I appreciate all your hard work and dedication in helping me."

- Allie M.
Google Reviews
Without a doubt YOU are the best!!!

"Without a doubt YOU are the best!!! Every person who is in the horrible position of being injured at work should have someone as kind, compassionate and knowledgeable as you on their side. You never once made me feel like I was one of a hundred other clients. I always knew you had my back! You answered calls and emails at all hours. You fought every fight for me so I only had to worry about getting well. Behind your nice, calm face there’s a pit bull ready to take on any employer or judge. I can never thank you enough."

- L. Edall
Google Reviews
"Best Workers' Comp Lawyer!"

"Michael is simply the best! He was there for me from day 1 till the end, and we won the case!! He is always available to help. I had a gazillion questions and he would answer them one by one. He's a great lawyer and I feel lucky to have found him online from reading other outstanding reviews about him. Believe me, they're true!"

- Faith B.
Google Reviews
"Great Attorney"

"Great attorney, handled case quickly and efficiently. I would recommend him and would use him again. He was always available to answer any questions we had. Thank you, Mr. Cardamone."

- H. Anderson
Google Reviews