Legal Question in Workers Comp in Pennsylvania

Workers Comp

Injured back at hospital I work at. Tx at ER in same hospital. Sent home to use heat and Tylenol. Went for FCE and failed sent back to ER given anti-inflammatory and to go to PT. An incident was filed and there was a witness. Had PT got worse. Saw own MD sent to pain management. Had injections x3 and did 12 wks of PT. Still having pain seeing chiropractor and has helped. WC claim denies. Had 2 WC hearings, 1st one insurance co lawyer didn't show next time lawyer wasn't prepared. Sent for IME which of course said ok to work. On pain med, muscle relaxant and now antidepressant. Got letter from hosp for two jobs. One full time med.surg which I haven't done for 18 yrs. Another part time in home health and have never done that. I'm waiting for another hearing. Have an attorney who I hate. My treating dr gave a note with limitations which I gave to employer. Jobs they offered are in direct conflict with all limitation. Lawyer says I have to return to work. My fear is hurting myself more or worse yet hurting a patient. I cannot afford to loose my nursing license. Do I have to take this job and can I get a new attorney. I now live 200 miles from that hospital..can I get court case changed to where I live and hire a new attorney.


Asked on 2/10/09, 8:08 pm

2 Answers from Attorneys

James Monaghan Law Office of James V. Monaghan

Re: Workers Comp

You raise quite a few issues. First of all you have the right to change lawyers at any time. Secondly, with regard to a return to work the general answer is that you must return to work if work is offered within your restrictions. However, if you have moved, the issue is the basis for the move. I would like to discuss this in more detail. Please call my office to discuss in more detail.

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Answered on 2/11/09, 9:54 am
Terrence Valko ERISA Disability Lawyer

Re: Workers Comp

It's best not to change horses in mid-stream; it will at least raise a question in the mind of the WC Judge. Too may cooks spoil the soup.

You sound like a great client; I hope your lawyer is not unlikable due to incompetence. You can of course dump him but s/he will have a lien or at least an equitable interest on any proceeds of the new case should s/he assert it.

Jobs are hard to come by. It may be wise to re-think the surgical tech position; trying it for a few weeks under the umbrella of a properly prepared Supplemental Agreement at reduced hours per your physician's instruction to be obtained at a future office visit.

Beware lawyers who swipe cases off other lawyers. I can assure you we are wary of lawyer-shopping clients. The legal fight is too important to challenge each other's loyalty. So unless your counsel is truly woeful and not just moody, soldier on in the litigation.

Second hearing is pretty late in the process for a change. But if you stop litigating so as to try the FT medical surgery position, and your good faith effort to RTW fails, then it would be more palatable to file a petition anew with qualified Claimants' Counsel.

Good Luck.

TV

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Answered on 2/11/09, 12:53 pm


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