Legal Question in Workers Comp in Pennsylvania

Re: fmla leave/ work injury

If you can return to the light duty job, that's your best option. If you request leave under the FMLA, then I think your employer would be entitled to a modification of your compensation benefits since you are essentially admitting that you can return to work at light duty. If you cannot return to the light duty job, then your employer will probably bring a Petition to Terminate or Modify your benefits, alleging that you can do the light duty job. Whether or not your employer would prevail depends upon the medical evidence. If your Doctor and the insurance carrier Doctor agree that you can return to the light duty job, your benefits will be modified or terminated. If your Doctor says you cannot return to that job and the insurance company Doctor says that you can, then it goes to a Hearing before a Workers Compensation Judge.