Legal Question in Workers Comp in Pennsylvania
workers comp and ssd
i have been out on work comp for almost 13 months. i have just been awarded ssd that is being offset by work comp pay. work comp insurance comp. wants me to go for ime on left shoulder injury which has been determined torn beyond repair. can the ime doctor state that i can be released for work on left shoulder ,when ssd states that i am fully disabled due to left shoulder as well as multiple other injuries.
2 Answers from Attorneys
Re: workers comp and ssd
A positive SSD determination has no legally binding effect on your WC benefits. Nonetheless, it is persuasive if and when you are in front of a WC Judge. The IME doctor is paid by the insurance company to offer his opinion. He is not restricted in rendering that opinion by any determination from SSD.
In my practice, I represent injured workers free of charge until the insurance company challenges your benefits. I can advise you regarding IME's, vocational exams and return to work options as well as provide assistance whenever checks are late or bills are not being paid. No fee is deducted unless the insurance company files a petition to cut off or reduce your benefits. Please feel free to contact my office if you have any further questions.
Re: workers comp and ssd
IME (I standing for Independent)is a phrase the ins co likes to use, but is incorrect. It's really an Insurance Med Exam, (even better is DME-Defense Med Exam) since the evaluating doc is rarely independent. The bottom line is the DME doc can give whatever opinion he/she wants. WC is different than SSD. Just because you're entitled to SSD doesn't mean you're entitled to WC. However your WC benefits cannot be terminated until the ins co files a petition with the WC Judge & you are given an opportunity to respond. You should consult with an experienced WC attorney BEFORE going to the DME. Most attys will speak to you briefly without charging you. My practice is in SE PA area. If you're in that area feel free to contact me, or I can provide you with the name of a WC atty in your area. Good luck!!