Legal Question in Workers Comp in Pennsylvania

I am a police officer in the state of Pennsylvania and was hurt at work. I torn some ligaments in my leg and injured my foot due to the sidewalk and parking lot being not plowed. I went to the doctors and provided work with the documentation stating I was not able to go back to work until after my surgery.

My boss called me and told me I had to go to work. I explained to him that the note says I cannot return to work until after my surgery. He then questions me about doing work in my garage. I tell him that I cannot because of my injuries, but he insists that I have to come to work. I do not return to work because the doctor told me not to go and I provide documentation to my employer stating this.

A few day pass and the same boss text messages me states that I have to come to work in order to do paperwork. I state in the text message that I sent over the documentation stating I cannot come back to work until I had my surgery completed. He then asks If I had my surgery yet, in which I respond that all the information about my appointments is on the paperwork I faxed. He asks "What does that have to do with now". I state again that the doctor stated I cannot come back to work. He asks me again "Did you have surgery yet"? I did not respond because he already knew my surgery date a couple weeks ago and was provided all the documentation. He then texts me "are you coming back to work before your surgery"? I did not respond.

Since I am a police officer he says I have to go to my court hearings. It is hard if not impossible for me to drive at times because of my injuries. Should i ask the judge to postpone them or ask my boss about postponing them? I went to one court hearing because he said I had to go and this worsened my condition as I was in more pain that day from walking on my injuries. I do not want to be in more pain because my surgery is not for another 2 weeks.

At this point I do not know what to do. Also he stated that I do not get paid for going to court when I am on workermans comp. I am fine with this, I just feel like I am being treated poorly.

This discrimination actually started right before my injury. I was called into the office and was told by him that the other officers do not like me because I do not work overtime. I told him that I work 6 days a week with court already and do not want to work the overtime. He then stated that it does not look good and as a new guy i should work overtime. I insisted that unless it is mandatory I like to have my one day off and do not want the extra money. Shortly after this conversation he put me back on field training and has been treating me negatively ever since.

Asked on 2/13/16, 7:20 am

2 Answers from Attorneys

Drew Quinones Drew Quinones, P.C.

Call me to discuss your situation. You have a number of things going on that I need more detail about. 267-210-8752

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Answered on 2/13/16, 7:55 am
Ronald Calhoon calhoon & associates, p.c.

From your vivid description, the writing is on the wall: your employer, for whatever reason, chooses to ignore your doctor's restrictions and continues to make demands on you that your body is not yet ready to accommodate. This is an all to common tension that exists in workers' compensation. This tension can lead to a train wreck and who comes out on top depends on your knowing your rights and listening to a competent workers' compensation attorneys advice step by step. Feel free to call us for free advice at 717-695-4722 as we handle only workers' compensation for injured workers thru out the state.

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Answered on 2/13/16, 9:34 am

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