Legal Question in Workers Comp in Pennsylvania

I am sorry to hear about your problems. If you are dissatisfied with your lawyer, you should start by telling him/her in a polite, non-threatening, but direct way. If you are unable to resolve your differences, then you should look for a new lawyer.

Your fighting to continue to work is admirable. From a business perspective, it makes your case less attractive to any lawyer who is working on a contingent fee basis.

Contingent fees work very well when the case has value. When the case does not have value, clients often feel neglected - lawyers have to pay their bills, too, and the salaries of their employees - so they have to focus on the cases that will generate income. Although most of us were attracted to the practice of law because we wanted to help people, we soon learn that we can't help anyone unless we keep the doors open, lights on, and office staffed.

Technically, if one of your doctors prescribed bariatric surgery as means to treat and relieve work related pain, you could ask to have it paid by WC. I think that would be a very difficult case, however. Your pre-existing obesity would be a problem. Additionally, the criteria that makes bariatic surgery appropriate has little to do with pain and has much much more to do with systemic health issues.

Given the severity of your pain, and your age, you should explore a strategy of stopping work and pursuing WC wage loss benefits and SSD. Perhaps a lawyer who is familiar with both WC and SSD is what you need so you can explore that option.

I am concerned, however, that you were injured over 3 years ago. If you returned to light duty work without loss of wages and never received any wage loss benefits, you could be out of time to pursue further wage loss benefits. Other types of relief that you might want to seek under the WC Act (such as adding to or correcting your defined injury) are tied to a three year time limitation - calculated from when you were last paid wage benefits - you should discuss the impact of these time limits with your existing or new lawyer.

Good luck to you.

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