Legal Question in Workers Comp in Pennsylvania

Light Duty

I am currently recovering from surgery from a work injury and have been offered light duty by the company. I have no problem with going back and doing the job, my problem is with physical therapy. My company and the insurance company have agreed for me to go to therapy I have to go outside of work hours(which they are not open outside of when I have to be at work) or I have to use my vacation time to leave work to go to therapy. Are they allowed to make me use vacation time to go to the therapy? Their surgeon is the one saying that I need more therapy for this to heal. I don't understand why I should be using vacation time to cover medical visits from a work injury.

Thank You for any help you can give.


Asked on 11/28/07, 11:28 am

1 Answer from Attorneys
John Gibson John W. Gibson, Esquire

Re: Light Duty

This is a difficult issue. The case law goes against you on the issue but in a narrow decision where the Court held that an employer was not required to pay compensation in a case where the treatment was readily available during non-working hours. There was a dissent in the case, though, and in your case the treatment is not available in non-working hours. You may file a Petition for Utilization Review if you want a definite answer from a workers' compensation judge if you feel strongly about it.

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Answered on 11/30/07, 1:01 pm


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