Pennsylvania Worker's Compensation - Help For Injured Pennsylvania Workers

• Pennsylvania Worker's Compensation - Quick facts about worker's compensation law, benefits and lawyer fees.

• Pennsylvania Worker's Compensation Resources - Links and resources for injured workers.

Page 1 of 2 12 LastLast
Results 1 to 10 of 14
  1. #1
    Join Date
    Feb 2012
    Posts
    7

    Default Doctor vs IME Opinion

    Hi everyone. This is a little long, sorry.
    A little over a year ago I injured my lower back at work by slipping on ice. I was a remote technician, so the employer gave me permission to be treated by my own doctors. I went throuugh physical therapy, MRI's, x rays, etc. After about 5 months I completed a functional capacity exam. They determinded me able for light duty. I have an attorney and we kept in contact with my employer. They never had any work for me. My job was a very physically demanding job. In September, my doctors determined I'd probably gotten back to the best I would get still at light duty work restrictions. My attorney contacted insurance to see if they would offer a settlement since employer apparently didn't have any job for me and I agree that I could do some type of light duty job. My employer immediately mailed me a job offer for a desk job. I received the offer in the mail and I had to report the next day or I was considered terminated. My attorney wanted to have a doctor review me to see if the offer met my restrictions. I had to go to the doctor the day I was to report to employer. They told my attorney that if I didn't show up that I was terminated. Well I went to the doctor and they terminated me. Finally, in December they scheduled an IME. This doctor talked to me for about 5 minutes, barley looked at me physically. His report came back that I was fully recovered, even though my family doctor disagrees, I am still seeing a nerve doctor and taking physical therapy 3 days a week. Now the insurance company's lawyer says they are going to file a petition to terminate my comp. My main question is what will my options be? My attorney hasn't received a hearing date yet. He expects to hear something in the next week or so. I'm scared that I'm going to be left with no comp income and now employers won't hire me because of my restrictions. I don't know how I'm going to survive financially. I've been so stressed over this and can't hardly sleep. Any help would be greatly appreciated.

  2. #2
    Join Date
    Jan 2012
    Location
    Philadelphia, PA
    Posts
    23

    Default Re: Doctor vs IME Opinion

    The first hearing on the petition will be what is called a supersedeas hearing. Based on the medical documents that are submitted at that hearing, the Judge will decide whether or not your benefits will continue during the course of the several months it will take to litigate the termination petition. Generally speaking, a judge will usually allow your benefits to continue without interruption during litigation as long as you have documentation from your treating doctor that you are not fully recovered from your work injury.
    Halmon L. Banks, Esq.
    Pennsylvania Workers' Compensation Attorney
    Email: HLBTeam@paworkinjury.com
    www.paworkinjury.com

    DISCLAIMER: This post is intended as general information and advise only. This post is not intended to create an attorney-client relationship.

  3. #3
    Join Date
    Feb 2012
    Posts
    7

    Default Re: Doctor vs IME Opinion

    You say it will take several months? Wow! I hope they can't stop my benefits. I just want this to be over and move on. I hate being followed by PI's. It is getting very stressful.

    Thanks for your help

  4. #4
    Join Date
    Oct 2011
    Location
    Harrisburg, PA
    Posts
    69

    Default Re: Doctor vs IME Opinion

    Regarding your follow up question: your benefits will not be stopped if the defendant's request for supersedeas is denied. Supersedeas is a rather harsh remedy. However, if you present medical evidence disputing the IME's conclusion that you have fully recovered, supersedeas should be denied. You would then continue to receive your benefits through the litigation of the petition.
    Francis J. Lafferty, IV, Esquire
    Helping injured workers in Pennsylvania.
    fjl@norlaflaw.com
    www.norlaflaw.com
    http://www.workers-compensation-blog.com

    DISCLAIMER: This post is intended as general information applicable only to the state of PA and is personal in nature, not professional in nature. 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
    Feb 2012
    Posts
    7

    Default Re: Doctor vs IME Opinion

    Had my supersedeas hearing. Judge denied supersedeas and scheduled a mediation hearing. Couple of questions. The Judge approved a 20% counsel fee for deduction from ongoing compensation. The defendent (insurance company) is to deduct the same from future payments of compensation, remitting directly to my attorney. Does this mean that they will deduct 20% from what I get now or do they have to give 20% more on top of what I get now? Also, now that a mediation hearing has been scheduled, what can I expect at that hearing? Such as process, results, tactics, etc. Thanks.

  6. #6
    Join Date
    Oct 2011
    Location
    Harrisburg, PA
    Posts
    69

    Default Re: Doctor vs IME Opinion

    The 20% will be deducted from what you are getting now. Regarding the mediation, it is an informal attempt to get things resolved before extensive litigation (and costs) is conducted. The process, results, etc will be dictated by who the mediator is and your attorney most likely will be able to answer this given his experience with the specific mediator. Good luck.
    Francis J. Lafferty, IV, Esquire
    Helping injured workers in Pennsylvania.
    fjl@norlaflaw.com
    www.norlaflaw.com
    http://www.workers-compensation-blog.com

    DISCLAIMER: This post is intended as general information applicable only to the state of PA and is personal in nature, not professional in nature. 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
    Feb 2012
    Posts
    7

    Default Re: Doctor vs IME Opinion

    Great. Comp is bearly enough to pay bills as it is, now they are going to deduct 20% I don't see how that is fair.. Thank you for your response

  8. #8
    Join Date
    May 2010
    Posts
    312

    Default Re: Doctor vs IME Opinion

    Quote Quoting 99fan View Post
    Great. Comp is bearly enough to pay bills as it is, now they are going to deduct 20% I don't see how that is fair.. Thank you for your response
    Comp. is 66% of your gross....tax free...It should be VERY close to your wages....Its not WC if you were living beyond your needs? You also signed a contract with your attorney, did you not read it? Its not fine print there %s?

  9. #9
    Join Date
    Feb 2012
    Posts
    7

    Default Re: Doctor vs IME Opinion

    no it is not close to wages.....I made nearly $1000 per week take home. Comp is only $650 per week. Now it is going to be about $550 per week. Losing $450 per week would hurt anybody. Yes I signed a contract giving 20% of settlement. I didn't realize they'd start taking out of my comp checks because we have not settled yet.
    Last edited by 99fan; 04-09-2012 at 03:04 PM. Reason: adding additional information

  10. #10
    Join Date
    Feb 2012
    Posts
    7

    Default Re: Doctor vs IME Opinion

    I am having my mediation hearing next week. They have came back with an offer of $25,000. My attorney says this is way too low. The initial demand was $125,000. What can I expect at mediation. To me this sounds like they may be willing to talk. Opinions?

Similar Threads

  1. Doctor's Opinion and IME
    By catgirl39 in forum New York
    Replies: 5
    Last Post: 09-02-2009, 06:46 AM
  2. Can an IME Opinion Override My Doctor?
    By curtis_t in forum Insurance Company Practices
    Replies: 9
    Last Post: 01-25-2009, 11:14 AM
  3. Second Opinion Doctor
    By mr_X in forum Medical Issues
    Replies: 1
    Last Post: 09-05-2008, 05:56 AM
  4. IME vs. My Doctor's Opinion
    By joel in forum Disability Benefits
    Replies: 3
    Last Post: 06-21-2007, 08:43 AM
  5. Second opinion doctor
    By ursula in forum Medical Issues
    Replies: 4
    Last Post: 10-03-2006, 08:11 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 


Find a Lawyer