Legal Question in Workers Comp in Pennsylvania
do i have a court case?
I was hurt at work, had surgery and developed RSD after. My comp company says that it's not connected to the original accident, my doctor says that it is, and would state so in a deposition. The claims adjuster says that it is her money and she will decide what to do. I was also scolded by this woman for asking questions, she has put my case on hold, put it back in play but there has been times when she was my only connection. I've been threatened before by her to have all coverage taken away if i did not sign a return to work form, even though it was addressed to Mr. and I'm a Ms. I was told that she would go to the state and have all coverage taken away, i signed and returned to work, then i was diagnosed with RSD after getting a second opinion from a doctor of my own choosing, rather than their comp doctor. I was told that after 90 days i could do so, I was having problems and getting no answers from their doctor, felt as if i was going crazy; i saw my doctor, was diagnosed after MRI's and a bone scan. So, I have the treatment plan in order, but I'm afraid that I won't get covered. I was wondering if you could offer any help to this matter.
1 Answer from Attorneys
Re: do i have a court case?
Your remedy is limited to the workers' compensation system. If the physicians all agree that the work injury caused a condition for which you need treatment and the carrier refuses to pay, you should file a Petition for Review. If the carrier's refusal is unreasonable, the Workers' Compensation Judge may award penalties and/or attorneys' fees.
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