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  1. #1
    Join Date
    Sep 2008
    Posts
    73

    Default Police, Fire, Corrections Heart and Lung Act

    I am a state corrections officer off injured and covered by the heart & lung act. Its been 18 months and two surgeries since my knee injury. I had an IME last fall, and even their doctor agrees that I cannot go back to full duty status. And my injury has not gotten better. The problem is in our department we do not have permanent restrictions or light duty status. I just get fed up being stuck in limbo like this! But as I`ve been told things could always be worse. I am grateful for being covered by H & L. But my question is how long can this go on? As the state is not settling workers comp cases anytime soon I`ve been told. I was just looking for feedback from any other members in my situation. How long have you been off and covered? What lies ahead down this road? Any advice is greatly appreciated! You can even send me a private message. Thank you!

  2. #2
    Join Date
    Dec 2007
    Location
    Tunkhannock, PA
    Posts
    1,266

    Default Re: Police, Fire, Corrections Heart and Lung Act

    The problem with Heart and Lung is that it is only for people who are temporarily incapacitated, and does not apply where disability is total or permanent. So, if the doctors are saying that you will never go back to your regular duty job, this is good for workers' compensation but can form the bases to terminate your Heart and Lung benefits.
    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
    Sep 2008
    Posts
    73

    Default Re: Police, Fire, Corrections Heart and Lung Act

    My lawyer says who`s to say its permanent? Could a total knee replacement in the future when needed not help the situation? That`s our arguement. And its their doctor using words like MMI and permanent.
    Last edited by will1066; 05-05-2010 at 08:52 AM. Reason: more info

  4. #4
    Join Date
    Oct 1971
    Posts
    5,171

    Default Re: Police, Fire, Corrections Heart and Lung Act

    will1066
    My lawyer says who`s to say its permanent?
    Your doc and the IME, seems convincing to me.
    I had an IME last fall, and even their doctor agrees that I cannot go back to full duty status. And my injury has not gotten better.
    Sounds like your lawyer wants it both ways.
    You said " even their doctor agrees that I cannot go back to full duty status. "
    So who is it he agrees with and why didn't your attorney challenge them?

    Could a total knee replacement in the future when needed not help the situation? That`s our arguement.
    You're going to have a hard time challenging your status based on could've or maybe
    Could’ve, would've or maybe are not arguments based on facts.
    It could just as well be argued that a future knee replacement may fail and make you worse.

    If in the future, your condition improves, your status of permanent could be revised, until then, your status stands.

    I'm not trying to talk your lawyer down but he'll have fun challenging your present status on the uncertain outcome of a future knee replacement.
    Good luck with that one.

    Tony
    Last edited by tony; 09-15-2010 at 08:47 AM.
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  5. #5
    Join Date
    Sep 2010
    Posts
    1

    Default Re: Police, Fire, Corrections Heart and Lung Act

    Will I have the exact same issues going on that you do. How ironic that is. I also am a Corrections officer. I tore my ACL in my knee at work! I went threw the first surgery and had a cadaver tendon put in! Several weeks later I had complications from the surgery. I developed DVT'S in my leg. (blood clots) I was hospitalized and turns out that the doctors were amazed that I was alive. My lungs were riddled with blood clots! Anyways I have been back and forth with physical therapy for a long time and have seen several doctors since. So far nobody knows what is wrong with my knee but all I know is its never been right since. I have been on the Heart and Lung act for a long time. I haven't had 1 doctor say that my knee injury was permanent. I haven't been offered a buy out nor do I want one because I don't want to start a new career. I just want to get better and move on with life. My Question is how are you making out with your situation and maybe you could give me some tips on what to expect at the same time maybe I can help you out as well.

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