Legal Question in Workers Comp in Pennsylvania
Are they just trying to stall my workers comp case?
A few months ago I slipped on ice in the parking lot at work and reinjured my neck and upper back. I had 2-level diskectomy w/fusion on my neck a year ago that was not comp-related.
I reported the accident the same day and saw their doctor the next day, and several times after that. Then he sent me back to my neurosurgeon. All medical bills for tests, drugs, and doctors are being paid by comp.
From the beginning I got mixed information from the company on how to report lost time, etc. First they had me report to comp, then disability started paying me, then disability denied me for no good reason. I never recieved a denial from the comp carrier, but also never got paid for lost time. After trying to work (in severe pain)for months, I am now out for the duration. I have no income.
I called the comp carrier about getting paid, and they said I have to have an IME to determine if my injury was comp-related. Since they hadn't denied the claim, I thought we were beyond that already.
What is going on and what should I do?
2 Answers from Attorneys
Re: Are they just trying to stall my workers comp case?
Generally, when you go to an IME (defense medical exam) the role of the doctor is to report that you can work. If that happens you need to file a comp claim. I strongly urge youto hire a lawyer b/c it can be complicated. What county are you in? I can reccommend someone
Re: Are they just trying to stall my workers comp case?
You may have to submit to a medical exam, but the ins co cannot use that as a reason to deny you initial benefits, as long as your treating doctors have submitted medical documentation to the employer or ins co which states that the treatment and your disability is related to the work incident. If the ins co persists in denying wage benefits, you should consult with an experienced worker's comp atty before doing anything else. Do not submit to the exam unless you consult with an atty. My office handles these cases. Please feel free to contact me.
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