Legal Question in Workers Comp in Pennsylvania

penality for excluding part of the injury

I was injured in oct 06 which was first called a neck sprain with radiating pain right shoulder. Had 5% range of motion neck and later diagnosed as a rotator cuff tear. During weeks of PT shoulder healed, neck did not. MRI then taken 3 herniated cervical discs. Ins co IME stated my shoulder would heal nicely but he actually suggested the MRI neck. Of course that report has been altered and there is no reference of my neck injury. ALL OF MY PAPERWORK FROM WC states neck/shoulder neck and shoulder until the last one that just states rototator cuff tear! Under comments on page 2 there is a mention of a neck sprain.They are denying anything with the neck. Cannot afford out of pocket my therapy for my neck. Neck has become stiff and goes into muscle spasms when moved. How will the insurance co be penalized if any at the hearing?


Asked on 5/13/07, 7:19 am

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

Re: penality for excluding part of the injury

The insurance company may be unable to pay medicals for the neck injury until it is added to your claim. It may be that they accepted the shoulder injury but have not yet accepted the neck injury. If so, you may have to file a separate claim or a modification petition.

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Answered on 5/13/07, 1:33 pm


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