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  1. #1
    Join Date
    Mar 2010

    Default Employer Argues That Parking Lot Wasn't Icy

    Long story short I had a shoulder injury at work 15 months ago that ended up being denied due to "mechanism of injury" Comp said impingement wasn't a result of a work injury. I didn't fight because it was getting better. I slipped on the ice in the parking lot on my into work the other day, caught myself with the previously injured shoulder, told my supervisor, went to the ER and was sent home, off work till cleared with my doctor. The comp rep at my employer is giving me a hard time and telling me there wasn't any ice in the parking lot. My slip wasn't witnessed and it wasn't caught on the survalance video. He is also telling me I have to see an orthopedic not the physiatrist i saw last time for my shoulder. My ortho is not on the panel list. I took pictures of the slush in the parking lot the following day.

  2. #2
    Join Date
    Dec 2007
    Tunkhannock, PA

    Default Re: Employer Argues That Parking Lot Wasn't Icy

    I don't see how the condition of the parking lot matters all that much except in regard to the credibility of your story. The fact of the matter is that if you trip over your own feet and fall down resulting in injury, the injury could be compensable so long as it was suffered in the course and scope of your employment. You may have a problem with the coming and going rule depending on your particular facts. In regard to the medical provider, you can treat with anyone on the panel. The employer can not make you go to a specific doctor or specialty.

    It sounds like your employer is just giving you a hard time. I would suggest that if you do not already have a lawyer, that you obtain one and let him handle this situation.
    Timothy D. Belt, Esquire
    Helping injured workers in Northeast Pennsylvania.

    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
    Jan 2009

    Default Re: Employer Argues That Parking Lot Wasn't Icy

    a friend of mine had a slip and fall injury in a parking lot just like you.
    workers comp and his employer won . reason. was he was comming into work. was not punched in and was not on duty at time of injury. he now filed a suit for improper maintenance of the grounds at the mall where his place of employment was. not sure how that is going for him. he did mess up his knee and wrist. resulting in a torn ACL. and some small bones in the wrist. long story short. his employer let him go. reason was he wasent there long enough for family medical leave? now he has no job about to run out of unemployment.

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