Legal Question in Workers Comp in Pennsylvania

Re: Vocational evaluation

A vocational evaluation is an evaluation or meeting with a vocational expert hired by the insurance company. This person will interview you about your potential job skills and attempt to find jobs that you can do within your medical restrictions.

You do not have to take the job offered. However, you probably should have a medical reason not to take the job. In other words, if your doctor says you can't perform that job, you would have legal grounds not to accept the job. You should go to your doctor and get a note and discuss with your doctor whether you can do the job. If he says you can't do the job, you would have grounds not to accept the job, but you should alert the employer and insurance company of what your doctor is saying.

Your benefits cannot be modified or cut until the insurance company files a petition and you have a hearing with the judge. However, it appears this is what will happen, as the vocational interview is generally the first step to try and cut your benefits. You should speak with an attorney immediately.

To answer your other question, your workers' compensation rate is based on your gross pay.

If you would like to set up a free consultation, please feel free to call our office at 215-557-8686. Also, please feel free to view our website at www.thepearcelawfirm.com.

The Pearce Law Firm

Re: Vocational evaluation

a voc rehab is a tool for the employer and its insurance carrier to, "soften you up."

you will go through the harrange of tests and the results will be that you put forward sub-maximum effort which indicates that you are faking. you will be called a probable symptom magnifier.

the utility of the test will be to match your employer's physical requirements with the tasks administered by the voc rehab folks - who in this case will be hired contractors of the insurance carrier.

you will be cleared for a category of work, with any absolutely necessary restrictions noted. your doctor would probably not agree with the VR findings.

perhaps you should make a demand for lump-sum settlement either before or after attending the eval.

best luck

Terry Valko, Esq.