Legal Question in Workers Comp in Pennsylvania

Workers compensation
Injured back at work. Had witness,supervisor notified, incident report completed Work night shift in hospital, by time shift ended back pain had increased. Sent to ER. Tx heat/Tylenol. Sent to PT for eval to return to work failed and sent back to ER. Told to go home ice, meds. ER called supervisor & informed off work with PT followup. Scheduled 1st appt with panel MD. Couldn't see for 5 days but cont with PT. Now WC states I had pre-existing condition and denied claim. Have had MRI, xrays and recent EMG with unknown results. Still have back pain radiating to leg with leg weakness. I just filed claim petition because case worker doesn't return phone calls. Do I need to file anything else. Should I file the petition for penalties at this time or do I wait. I've been out of work for over 6 weeks and haven't been paid by WC. The hospital I work at did pay me the first week I was out wages. The hospital won't do anything to help even though they know the ER doctor screwed up by not physically writing off of work.

Asked on 7/18/08, 5:22 pm

John Gibson John W. Gibson, Esquire

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Re: Workers compensation

It isn't easy to get penalties in Workers Comp cases. For right now, filing the Petition is about all that you can do.

Answered on 7/21/08, 9:42 am

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