I received a Petition to Terminate my benefits for my Pennsylvania Work Comp case, what do I do? If you aren’t represented by a lawyer yet, please call us 7 days a week at (215) 206-9068. The insurer is alleging that you are fully recovered from the accepted work injury. What does accepted mean? Well, the last controlling document issued, whether a Notice of Compensation Payable, a Supplemental Agreement, or perhaps an Order from a Work Comp Judge, will detail what diagnoses are accepted. A Termination Petition often comes after you see an Independent Medical Examiner. Sometimes, your own treating doctor may opine as to a recovery, but it’s most frequently the opinion of an IME doctor hired by the insurer/employer.
The Petition will get assigned to a Work Comp Judge. Then you will be scheduled for a first hearing. This first hearing, called Supersedeas, is when the insurer/employer’s attorney will offer the IME report or medical report of a doctor which claims a full recovery- and they will ask the Judge to stop the checks if you are receiving wage loss checks. However, before deciding the first stage of the case- Supersedeas- the Judge will give you a chance to present your rebuttal evidence showing you aren’t in fact recovered. Your attorney will explain what documents or evidence is needed to win this first and crtical part of the litigation.
Often times, the Judge will set up a Mediation where the parties meet with another Judge to try to settle the matter. Insurer will have 90 days or so from the first hearing to take the deposition of the IME doctor and present any other evidence. Then the Claimant (injured worker) will usually get 90 days after that to present his or her case.
Call us for more information about Termination Petitions in Pennsylvania Work Comp cases- or email. (215) 206-9068 or Michael@Cardamonelaw.com