Legal Question in Workers Comp in Pennsylvania

i need treatment

my comp nurse case manager was with me at my doctors appointment when he told her directly that i need to have treatment for RSD, he said that it was directly associated with my work injury. she told me to wait for her to call me to schedule the appointment, i have the prescription for the consult with the pain clinic. do i have to wait? i'm on light duty at work, but haven't been able to go because of the pain i'm having. i'm not being paid, i don't even know if i can work while recieving these treatments. can i call and schedule the appointment? should i wait? i just don't know what to do because i have a solution to my problem, i just don't have any feedback from the insurance company. i've called, left messages and have no answer. it's been almost a week.


Asked on 3/05/08, 12:57 pm

2 Answers from Attorneys

James Monaghan Law Office of James V. Monaghan

Re: i need treatment

First of all, you need representation. Your question raises several issues. The insurance company is responsible for paying for reasonable necessary and causally related medical care. The key is the nature of the accepted injury. If they have not accepted the RSD condition as compensable, they will not pay for the treatment. Assuming that they have recognized it as compensable, they do not have to pre-authorize the treatment. You get the treatment and have the physician bill the carrier. If it is denied, your health insurance must pay the bill.

With regard to your lack of work, you need to have a doctor authorize your disability. if the insurance company does not agree, you must file a petition in court to have your wage loss benefits instituted.

Please call me or my partner, Jim Monaghan to discuss this further.

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Answered on 3/05/08, 2:17 pm
Michael Monheit Monheit Law

Re: i need treatment

It is tough to answer as I do not know if your injury is more than 90 days ago but there is no reason you cannot set up the appointment and make sure that doctor gets approval for the treatment from carrier so you are not on the hook. If you miss time from work, you would also get paid for that lost time.

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Answered on 3/05/08, 2:19 pm


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