Legal Question in Workers Comp in Pennsylvania

Bad faith action in workers comp case

I was injured at work 11/25/03, filed the accident report, saw the wc doctor several times and then saw my own surgeon, went through pt, tried to return to work a few times, have been out for good since 4/2004. My medical has been paid by the comp carrier since the beginning. I had an IME (though I didn't have to) and that doctor said that I am injured due to the work accident, etc. I keep calling my case manager at ACE WCC, who has all kinds of stupid reasons why I have not received any money yet. She has twice told me I should get a lawyer. Last week she said my file was given to the company lawyer because I have a good case. (What??) I just want to pay some overdue bills and I'm sick of having no money. Why should I have to get a lawyer just to be paid 66% of my regular income? What are they so worried about? Weren't they to pay me within 21 days of the injury anyway?


Asked on 8/03/04, 1:53 pm

2 Answers from Attorneys
William Marvin Cohen, Placitella & Roth, P.C.

Re: Bad faith action in workers comp case

I think your question (which I find rather astonishing, actually) answers itself. Your adversary at the insurance company which has breached its obligation to pay comp benefits for the better part of a year now, has TOLD YOU YOU SHOULD GET A LAWYER, and that the company has SENT THE FILE TO ITS LAWYER. You seem to be asking if the carrier can somehow, magically, be made to do the right thing. You've gotten every possible signal that they are trying to get away without paying.

THAT's why you need a lawyer. A good comp lawyer can force the company to pay attorney fees, interest, and maybe some additional penalties. I don't practice in the comp field presently, but I'd be happy to refer you to a good specialist.

There are technical procedures to enforce your rights. It is not a do-it-yourself thing.

Unfortunately, there is no separate right to sue a comp carrier for bad faith. I know, because I tried and actually won at the Superior Court level, but the state Supreme Court reversed and held that the workers' only remedy is through the workers comp system.

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Answered on 8/03/04, 2:11 pm
Richard Teitell Richard K. Teitell, Esquire, P.C.

Re: Bad faith action in workers comp case

You really need to consult with an experienced worker's comp lawyer. My office handles cases like yours. Please fell free to contact me.

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Answered on 8/03/04, 3:42 pm


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