Pennsylvania Work Comp Attorney, Michael W. Cardamone, of The Cardamone Law Firm represents injured workers across Pennsylvania. In July 2011, he filed a Claim Petition for a client who injured his right arm and hand in a work-related accident. The Employer, a large Philadelphia manufacturing company, denied his claim. The Petition was assigned to a Work Comp Judge and the first hearing was held in October 2011 at which Claimant testified.
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In support of his client’s case, Cardamone also deposed his client’s treating physician- an orthopedic surgeon. In opposition to the Claim Petition, the Employer’s attorney deposed a panel physician who claimed the employee could work with restrictions. The medical experts disagreed as to the nature and extent of the injury.
The Employer also presented lay testimony from two witnesses- a director of risk management, and Claimant’s supervisor. Cardamone then presented rebuttal testimony from Claimant to refute portions of the Employer witness testimony.
The evidentiary record closed in August 2012. Briefs were submitted thereafter, summarizing the facts and the law, and the Judge’s Decision was issued November 20, 2012.
Cardamone was successful in arguing to the Workers’ Compensation Judge that 1) Claimant’s testimony was credible in that he was unable to perform the work assigned to him after his initial surgery, 2) that the work assigned to him went beyond the restrictions of the Employer’s own physician, 3) that Claimant’s doctor was more credible than the panel doctor where the experts disagreed, and 4) Claimant’s testimony was more credible than the Employer’s witnesses.
The Workers’ Compensation Judge awarded wage loss benefits from March 9, 2011 to the present time and ongoing, in addition to payment for all medical treatment, 10% interest on past due wage loss benefits, and Cardamone’s litigation costs of over $5,000.00.
The case was vigorously defended (as evidenced by his 30 page written argument) by the Employer’s attorney who practices at a top defense firm in Pennsylvania.
If you need guidance with a Pennsylvania Workers’ Compensation situation, call Michael Cardamone at 215-206-9068 7 days a week or email Michael@cardamonelaw.com
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You don’t have to. But there may be consequences. For example, if they ask you to return and you do not return, then they may terminate you. Or, they may argue in your work comp case that your wage loss benefits should be suspended/stopped because you refused available work within your restrictions.
But these are tricky scenarios usually. The Employer often pushes the injured worker to do more than the medical restrictions call for. Or, sometimes, they just want the injured worker to come back so they can fire them and then argue in work comp court that the wage loss is now due to the worker getting fired versus the work injury.
When an injured worker in Pennsylvania receives a job offer letter, the most important thing to do is talk to an experienced Pennsylvania Workmans Comp Lawyer like myself. The advice won’t cost you anything out of your pocket and you could make big mistakes without such advice.
Every case is unique and has its own facts so be careful about listening to co-workers or friends’ advice from their situations. Your case may have different circumstances warranting different action.
For more info about job offers and Pennsylvania Work Comp Law, call experienced PA Work Comp Lawyer, Michael W. Cardamone at 215-206-9068 or email Michael@cardamonelaw.com for a FREE consult.