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  1. #1
    Join Date
    Mar 2008
    Posts
    50

    Default Can Employer Make Me Use Personal Time For A Day Off Due To Work Injury?

    While on light duty, I couldn't go to work one day due to severe spasms and pain during PT. PT called Dr office because they were concerned about me. I called my work to explain that PT didn't think it was wise to go into work that day. (Due into work in 1.5 hours)

    I called Dr also and left message on "nurses" line and never received a return call. Next day in work, I'm told "you can't call yourself out while on WC". I told them I called Dr and haven't received return call. (my Dr only works two days a week) ER tells me to get Dr's note OR they will have to use my personal time for that missed day.

    I get the requested note faxed to ER. They inform me they did get the note.
    Now, today I'm told that they are still going to use my personal time!!!!
    I told them it's not my fault that the Dr office dropped the ball that day and didn't send the note that day.

    Legal?

  2. #2
    Join Date
    Dec 2007
    Location
    Tunkhannock, PA
    Posts
    1,104

    Default Re: Can ER Make Me Use Personal Time For A Day Off Due To WC Injury?

    Maybe. What is the status of your claim? If your injury has been accepted and you have received wage loss benefits from WC, then I would say that it should be paid as WC. If your claim has not been accepted or you have not yet received wage loss benefits, then treating the absence as a personal day may be appropriate.
    Timothy D. Belt, Esquire
    Helping injured workers in Northeast Pennsylvania.
    belt-law@belt-law.com
    www.belt-law.com

    DISCLAIMER: This post is intended as general information applicable only to the state of Pennsylvania. The information given is based strictly upon the facts provided. This post is not intended to create an attorney client relationship, or to provide any specific guarantee of confidentiality.

  3. #3
    Join Date
    Mar 2008
    Posts
    50

    Default Tim:Can ER Make Me Use Personal Time For A Day Off Due To WC Injury?

    Quote Quoting Timothy Belt View Post
    Maybe. What is the status of your claim? If your injury has been accepted and you have received wage loss benefits from WC, then I would say that it should be paid as WC. If your claim has not been accepted or you have not yet received wage loss benefits, then treating the absence as a personal day may be appropriate.
    I have Temp Comp Payable currently.
    I have been receiving checks on tome until this last week.(how long do they have until they get a penalty for being late?)

    How do I enforce ER to correctly using WC since I did as they requested and got the Dr note stating that it was WC related?
    Is it legal for them to ignore the excuse note?

  4. #4
    Join Date
    Dec 2007
    Location
    Tunkhannock, PA
    Posts
    1,104

    Default Re: Can Employer Make Me Use Personal Time For A Day Off Due To Work Injury?

    If you have a lawyer, have them contact the adjuster or opposing lawyer and demand that the time be covered by WC. If not, call the adjuster and provide them with the note from the doctor and again demand that it be paid by WC. If they refuse, you will need to file a Penalty Petition to enforce.

    In regard to a penalty for late payment, such penalties are discretionary on the part of the WC judge. Keep copies of all late checks and when you have documentation of several late payments, file a Petition for Penalties.
    Timothy D. Belt, Esquire
    Helping injured workers in Northeast Pennsylvania.
    belt-law@belt-law.com
    www.belt-law.com

    DISCLAIMER: This post is intended as general information applicable only to the state of Pennsylvania. The information given is based strictly upon the facts provided. This post is not intended to create an attorney client relationship, or to provide any specific guarantee of confidentiality.

  5. #5
    Join Date
    Mar 2008
    Posts
    50

    Default Re: Can Employer Make Me Use Personal Time For A Day Off Due To Work Injury?

    Quote Quoting Timothy Belt View Post
    If you have a lawyer, have them contact the adjuster or opposing lawyer and demand that the time be covered by WC. If not, call the adjuster and provide them with the note from the doctor and again demand that it be paid by WC. If they refuse, you will need to file a Penalty Petition to enforce.

    In regard to a penalty for late payment, such penalties are discretionary on the part of the WC judge. Keep copies of all late checks and when you have documentation of several late payments, file a Petition for Penalties.
    My employer told me that I am NOT to call the IC!!! I have every legal right to call them, if needed-correct? I've been discussing some errors on my prior year wages with the IC and now I'm told NOT to call them anymore-I have to go through HR at my employer.

  6. #6
    Join Date
    Dec 2007
    Location
    Tunkhannock, PA
    Posts
    1,104

    Default Re: Can Employer Make Me Use Personal Time For A Day Off Due To Work Injury?

    They are jerking you around. Get a lawyer.
    Timothy D. Belt, Esquire
    Helping injured workers in Northeast Pennsylvania.
    belt-law@belt-law.com
    www.belt-law.com

    DISCLAIMER: This post is intended as general information applicable only to the state of Pennsylvania. The information given is based strictly upon the facts provided. This post is not intended to create an attorney client relationship, or to provide any specific guarantee of confidentiality.

  7. #7
    Join Date
    Mar 2008
    Posts
    50

    Default Re: Can Employer Make Me Use Personal Time For A Day Off Due To Work Injury?

    Quote Quoting Timothy Belt View Post
    They are jerking you around. Get a lawyer.
    I'm trying not to open that Pandoras Box-but I guess I'll have to. I've just afraid that they'll find a way to terminate me! I just want to get better and return to work! (Keeping my rights along the way)

    After punching out on the computer today, I did a search on my past "punch-ins" (they go back to start of employment) and lo and behold someone deleted all my punch-in/outs since coming back light duty 4/14/08 through 5/2/08. Only yesterday and today are still on there!

    What is up with that!!!

  8. #8
    Join Date
    Dec 2007
    Location
    Tunkhannock, PA
    Posts
    1,104

    Default Re: Can Employer Make Me Use Personal Time For A Day Off Due To Work Injury?

    If you need the names and contact information of lawyers in your area, send me a private message with your real name and city and county name and I will see if I know anyone in your area.
    Timothy D. Belt, Esquire
    Helping injured workers in Northeast Pennsylvania.
    belt-law@belt-law.com
    www.belt-law.com

    DISCLAIMER: This post is intended as general information applicable only to the state of Pennsylvania. The information given is based strictly upon the facts provided. This post is not intended to create an attorney client relationship, or to provide any specific guarantee of confidentiality.

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