Legal Question in Workers Comp in Pennsylvania

Had shoulder surgery on 5/17/11, have since went back light duty.. Mon,wed,fri half days do too pt and tues, thurs full days

! Was Sent to see a second doctor by the company and was told back to surgery! I have been getting very bad headache and had called in told them that I will not be coming in today, they said that I would need to take vacation or personal time to get paid! Should this be paid under my worker comp claim? Please help!!!

Asked on 8/25/11, 8:05 am

2 Answers from Attorneys

Terrence Valko ERISA Disability Lawyer

You should be off work for your shoulder if that is the originator of the pain. A headache may sound separate and distinct from the acknowledged work injury to a third party decision-maker. Then it becomes a matter of employment law governed by principles of Master and Servant (unless you have a contract or are unionized).

If you are having pain due to the shoulder, recuperation from the first surgery or preparation for a required second surgery, you should request some Doctor who cares for you to write, "Do Not RTW until _____" on his prescription pad.

Thereafter, call Claimants' Counsel; someone who does a lot of WC to get your case on its proper footing for a lump sum distribution.

Good luck.


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Answered on 8/25/11, 8:18 am
Ronald Calhoon calhoon & associates, p.c.

Yes it should be paid thru workers' compensation because that is what the law requires.

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Answered on 8/25/11, 9:05 am

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