Legal Question in Workers Comp in Pennsylvania
change of diagnosis
I was injured in May of 07 and have been receiving bi-weekly benefits. My attorney had to request for a change in diagnosis. that was submitted in september 07 and closed in may of 08. To date we are still waiting a decision from the judge. Is this normal to wait this long. My diagnosis requires me to have surgery and I am not able to continue with that until we get a decision from the judge!
2 Answers from Attorneys
Re: change of diagnosis
Call your lawyer.
Re: change of diagnosis
It seems like a long time. At the one year mark, have a state assemblyman write a letter to the acting Director of the Bureau of Workers' Comp with a copy to the Secretary of Labor & Industry.
Your lawyer won't like it because the WCJ may think s/he is behind the effort. Blindsiding lawyers is usually not met with cheer.
Average gestation time for a case to be resolved exceeds the time that has thus far passed.
Maybe your lawyer might write to the WCJ and inquire whether he owes the Tribunal any additional paperwork -- a polite way of nudging the Judge.
Better to have a late favorable Decision than a prompt unfavorable ruling. But I dig your point: 'Justice delayed is Justice denied,' and you need your medical procedure.
Good Luck.
TV
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