Legal Question in Workers Comp in Pennsylvania

I am on light duty and this job is aggravating a preexisting problem that I have in my neck and shoulders. If I am unable to do this job and there is no other available can I still stay on workmans comp or do I now have it swithched over to short term disibility?


Asked on 3/19/10, 9:32 pm

1 Answer from Attorneys
Terrence Valko ERISA Disability Lawyer

If your light-duty job is aggravating a pre-existing condition, I have to ask if the condition is work-related. If so, you have a strong case. If the pre-existing condition is not work-related, your case is a little less strong but may implicate the Americans with Disabilities Act.

The short answer is that you may stay on WC but may have to look for a chance to settle out your open claim.

If the employer and its insurance carrier suggest a modification or suspension or even termination of WC, it is time to fight with a lawyer.

Good Luck.

TV

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Answered on 3/26/10, 5:09 pm


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