Legal Question in Workers Comp in Pennsylvania

IMEdoctor

I have been on Worker's compensation since Nov, 1992. I have been totally disabled due to failing back syndrome. My doctor is a Neurologist and he says I am still totally disabled but their IME doctor says I can go back to work. I have severe pain. They are sending me looking for jobs. What can I do?


Asked on 2/20/02, 1:07 am

1 Answer from Attorneys

William Marvin Cohen, Placitella & Roth, P.C.

Re: IMEdoctor

You need to consult a lawyer who specializes in workers comp.

There's a little industry of "vocational rehabilitation" specialists who arrange job interviews for workers in your position. They hardly ever actually get somebody back to work. More often, they end up testifying at a termination hearing that the worker didn't show up for an interview, or follow through on an application, etc.

Under the Pennsylvania workers comp law, if the insurance company can show that suitable employment was available but the worker didn't pursue it, benefits can be cut off. Don't assume that just because your doctor says you're disabled, that's the end of it. There's lots of litigation over what is "suitable," and the latest tactic is to cook up an offer of home-based employment, e.g., telemarketing. So you need to be very careful.

You need specific advice on the particular facts of your situation, and only your own lawyer can provide that.

My firm doesn't handle workers comp claims, but we know lawyers who do and can probably make a referral for you.

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Answered on 2/20/02, 8:44 am


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