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  1. #1
    Join Date
    Mar 2012
    Posts
    10

    Default Returning to Work for Less Pay to Same Employer - What Benefits Can I Still Get

    My workers compensation claim was made in the State of: PA
    My employer has found me a job within my restrictions but it is paying less than my calculated weekly WC rate. It also is a position that was "created" for me and entails running errands and helping different departments when needed. They are going to try to give me full time hours, but there could be weeks when it could be less. I received a letter from the IC yesterday stating that I had returned to work at equal to or greater than my previous wages (which is incorrect) and my WC was suspended as of 3/27. There was also a check to pay me up to the 27th. I have contacted my attorney and employer. The employer is going to call the IC today with me to try to get this fixed. According to my attorney and employer, I should be on modified WC and receive 2/3 of the difference between my weekly WC rate and what my employer pays me. I am just confused and frustrated at this whole WC experience. Is the IC trying to close the claim because I went back to work at my previous employer regardless if I am making less? I really think I should have asked for a settlement and been done with dealing with IC, but I have a 90% of having an additional surgery in next 5-7 years and have no idea what to expect after that. My whole life has been turned upside down by this injury and my family has suffered financially. If my WC stops, I will only be receiving about half of what I was getting on WC and we will loose our house.

  2. #2
    Join Date
    Mar 2012
    Posts
    10

    Default Re: Returning to Work for Less Pay to Same Employer. Ic is Stopping WC

    Update: Talked to IC and they said the letter was just a formality and another letter would be coming next week about the modified WC. I'm still very skeptical and feel like they are trying to be deceiptful. Lawyers advised to wait and see if additional letters comes and to see if a check comes next week.

  3. #3
    Join Date
    Feb 2007
    Posts
    189

    Default Re: Returning to Work for Less Pay to Same Employer. Ic is Stopping WC

    your just a number to them......fight them and make sure you get everything you should get.
    try to be positive and i know thats hard to do when things go wrong.slow process just be nice and work it out

  4. #4
    Join Date
    Feb 2007
    Location
    Charlotte, NC
    Posts
    3,062

    Default Re: Returning to Work for Less Pay to Same Employer. Ic is Stopping WC

    Sounds like your lawyer is on top of it. Those automatic form letters are pretty common. Stay in touch with your lawyer and make sure it gets fixed within a couple weeks.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney at Law

  5. #5
    Join Date
    Mar 2012
    Posts
    10

    Default Re: Returning to Work for Less Pay to Same Employer - What Benefits Can I Still Get

    Still waiting on WC checks for the difference in gross wages. My attorney sent out a letter on Friday to the IC. This week will be the 3rd paycheck I receive with no additional WC benefits. Does anyone know how long it takes to get a check when you swith from TTD to PPD??? Could really use the money now!

  6. #6
    Join Date
    Mar 2012
    Posts
    10

    Default Re: Returning to Work for Less Pay to Same Employer - What Benefits Can I Still Get

    Beyond frustrated!!!! It has been 6 weeks and still no parital WC. I am getting less than 1/2 of what I was receiving on WC. Bills/mortgage are all late! My attorney has been sending letters weekly to IC and is going to call them if I don't receive anything by tomorrow. This whole WC system seems so unfair!

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