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  1. #1
    Join Date
    Dec 2011
    Posts
    14

    Default New Law Act 111

    How is effecting injured workers who have to get IME. Have WC claims over 15 yrs. Last done in 2011. Put on light duty but not hired due to low restrictions and pain meds. Will I be forced to settle? I am also on SSI. I do not want settlement. I am also nearing 62 yrs old. Have some good days but still painful. Then have days where I spend all day in bed.
    Thanks for any info.
    Scared again of WC procedures.

  2. #2
    Join Date
    Dec 2007
    Location
    Tunkhannock, PA
    Posts
    1,265

    Default Re: New Law Act 111

    I assume you are talking about IRE rather than IME. As to Act 111, the law is very new and there are a number of arguments being raised in regard to whether it is retroactive for injuries before it was enacted and if so whether periods of compensation before the signing of this law by the government can be used towards the 104 weeks before the carrier is entitled to the exam. At this point, these issues have not reached the appellate level so no one knows what the final result will be. To answer your question, you cannot be forced to settle, but settlement may be in your best interest. This is a very complicated issue, and I would strongly suggest that you sit down with an attorney to discuss the pros and cons in your particular case.
    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
    Dec 2011
    Posts
    14

    Default Re: New Law Act 111

    Thanks for reply. Sorry for delay in reply. I have attorney but do not get along very well. Many issues. I am very scared of what the future hold out to be. As I've stated, over 15 years on WC. I am sure letter sent was for a settlement figure or if not then they will seek an IME. Had this in 2012. Set at 15% rating. Attorney would not challenge or appeal. It is close to 500 wk term. Will new IME close case or start new time frame ie: 500 week period.
    I am looking to replace attorney. I understand this is going to muddle thing. But I feel I need to do this for wife future as well. Thank you

  4. #4
    Join Date
    Dec 2007
    Location
    Tunkhannock, PA
    Posts
    1,265

    Default Re: New Law Act 111

    An Independent Medical Exam (IME) is to provide the insurance company with an opinion in regard to your current condition and limitations. It does not provide a rating. I am fairly certain you are being sent for an Impairment Rating Evaluation (IRE) which would provide a rating. As I said in my prior response, the law is new and there are many arguments that have not yet been addressed by the courts. Since your injury was before the law was signed by the governor, it is an open question as to whether you will ever have to attend this exam; if you are required to attend the exam, it is an open question whether periods of disability benefits paid before the new law was signed count towards the 104 weeks you are to receive before the carrier is entitled to the exam; and it is an open question as to whether any temporary partial disability wage loss benefits paid before the IRE exam count towards the 500 weeks. That being said, if you are getting close to taking Social Security Retirement, you should be aware your workers' compensation benefits will be reduced when you start receiving Social Security Retirement, so it may be a good idea to try to settle your case now and use the current uncertainty as to how this law will be applied to maximize your settlement value.
    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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