Pennsylvania Worker's Compensation - Help For Injured Pennsylvania Workers

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  1. #1
    Join Date
    Apr 2011
    Posts
    4

    Default Injury Ratings: What is 100%

    had surgery, developed comp from surgery, surgeon is ready to release back to work, still have pain with little tasks, don't know if i can do why specific job for 10 to 13 hrs a day. so what is 100%?

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: 100%

    A rating determines benefits due. TD is paid as long as total "disability" exists. PD/Partial Diability is paid when under 50%, but there is no change in rate, with out prior notice/60 days.. Just the number of weeks.
    (1) When an employe has received total disability compensation pursuant to clause (a) for a period of one hundred four weeks, unless otherwise agreed to, the employe shall be required to submit to a medical examination which shall be requested by the insurer within sixty days upon the expiration of the one hundred four weeks to determine the degree of impairment due to the compensable injury, if any. The degree of impairment shall be determined based upon an evaluation by a physician who is licensed in this Commonwealth, who is certified by an American Board of Medical Specialties approved board or its osteopathic equivalent and who is active in clinical practice for at least twenty hours per week, chosen by agreement of the parties, or as designated by the department, pursuant to the most recent edition of the American Medical Association "Guides to the Evaluation of Permanent Impairment."

    (2) If such determination results in an impairment rating that meets a threshold impairment rating that is equal to or greater than fifty per centum impairment under the most recent edition of the American Medical Association "Guides to the Evaluation of Permanent Impairment," the employe shall be presumed to be totally disabled and shall continue to receive total disability compensation benefits under clause (a). If such determination results in an impairment rating less than fifty per centum impairment under the most recent edition of the American Medical Association "Guides to the Evaluation of Permanent Impairment," the employe shall then receive partial disability benefits under clause (b): Provided, however, That no reduction shall be made until sixty days’ notice of modification is given.
    (3) Unless otherwise adjudicated or agreed to based upon a determination of earning power under clause (b)(2), the amount of compensation shall not be affected as a result of the change in disability status and shall remain the same. An insurer or employe may, at any time prior to or during the five hundred-week period of partial disability, show that the employe’s earning power has changed. http://www.portal.state.pa.us/portal...07&mode=2#art3

  3. #3
    Join Date
    Apr 2011
    Posts
    4

    Default Re: 100%

    what can i expect if i return to the labor that caused the work related injury if my dr releases me eventhough i still have pain after certain daily tasks?

  4. #4
    Join Date
    Jan 2010
    Location
    Pennsylvania
    Posts
    609

    Default Re: 100%

    Go back to the Dr. that released you and complain to him about the pain. Tell him you will try to go back but you would like a little reassurance that if you are unable to perform the work that treatment would still be available. Ask him to write out your restrictions and follow them. If you still are unable to perform any work, go back to him again and ask that he place you out of work for a while longer for more treatment. How long have you been out on WC?

  5. #5
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: 100%

    Quote Quoting jrkmdk View Post
    what can i expect if i return to the labor that caused the work related injury if my dr releases me eventhough i still have pain after certain daily tasks?
    If you go back to your preinjury job, doing the same things you say you can't do due to your injury... you would be saying "Im not as disabled as I thought"... (basically)
    If your Dr gives you specific restrictions on what you can/can't do, that is not restriction to your job, or ER. But on everything you do in your daily living activities.

    "Pain" is not generally a "disability" that would be considered an injury due to your job/work.
    You NEED the Dr to provide any restrictions, in writing. Then discuss with your ER their ability to offer work within those restrictions.

    If you are being released to a light duty capacity, prior to MMI, your Dr should still be defining any restrictions. Your ER is not required to provide the light duty though. In that case, follow exploere's advice. Go back to your Dr.

  6. #6
    Join Date
    Apr 2011
    Posts
    4

    Default Re: 100%

    Quote Quoting explorereb96 View Post
    Go back to the Dr. that released you and complain to him about the pain. Tell him you will try to go back but you would like a little reassurance that if you are unable to perform the work that treatment would still be available. Ask him to write out your restrictions and follow them. If you still are unable to perform any work, go back to him again and ask that he place you out of work for a while longer for more treatment. How long have you been out on WC?
    been out for 8 mths, dr wants to release to see if i can do the work, based on time recovery time after surgery, emp wants 100%

  7. #7
    Join Date
    Dec 2007
    Location
    Tunkhannock, PA
    Posts
    1,104

    Default Re: 100%

    If your doctor does not feel you are ready to be release to return to work without restrictions and your company wants a 100% release, then you can either stay out on comp or get a release that your doctor does not support and run the risk of re-injury.
    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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