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 Michael@cardamonelaw.com
Fighting For Injured Workers In Pennsylvania