Legal Question in Workers Comp in Pennsylvania

Denied WC

Two months ago I called out sick because my lower back hurt from a 4 hour truck drive the day before.

Last week I hurt my mid back from pushing a vehicle at work. Several of weeks back I started to notice pain in my mid back and told my manger about it and then about three weeks ago I left work 45 minutes early because of back pain. I told my manager several times that day that I was in pain and made him aware that I knew that I was supposed to make him aware. My store manager told the insurance company that I had a previous back injury and that I had called out severel time in the past month because of back pain. This is not true. Although I have missed work several times in the past two months due to hospitalazation from an infection, another for a trip to the ER with a severe anxiety attack and then some from my wife being in the hospital two seperate times.

He is lying and I have the paperwork to prove the times that I was out. My injury I have now is in my mid back and the pain that I had from driving the truck was in my lower back (I did not even see a doctor for that) I am now being denied for WC by the insurance co. I find out from the doctor if I can return to work tommorow. Any advice?


Asked on 12/25/07, 9:27 pm

1 Answer from Attorneys

John Gibson John W. Gibson, Esquire

Re: Denied WC

If you are physically capable of working you should work. Workers' Compensation is only 2/3 of your pay and doesn't start paying until you are off at least 7 days. If you are not physically capable of working you start the process by filing a Petition after you are denied compensation by the insurance company.

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Answered on 12/26/07, 11:59 am


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