Legal Question in Workers Comp in Pennsylvania

I sustained a back injury at work. went through all the required medical appt. which were made by workers comp Ins carrier, MRI,X-ray, Nero Surgeon etc. they decided about 8 months into the process to drop me based on an IME which said I was ok but not fully recovered and expected to make a full recovery in three months. which was not going to happen due to the impingement at L4/5 noted on the MRI and the medical records from the Nero Surgeon which failed to be seen by the attending IME thus I ended up before the Judge at Workmans comp court on a petition to remove me from the rolls I was asked by the judge if I agreed with the IME and I said no. he allowed me to gather all records and present them to him at another hearing. I did so and he agreed with me, they were wrong and he then asked if I would agree to settle with the Ins co. I said yes and he gave me time to decide if it would be a monies settlement or medical, my question is how do you determine which way to go, as you can see I've been my own lawyer for all of this. I am retired since the accident I am just stumped on the best way to consider what to do

Asked on 7/20/13, 6:33 am

4 Answers from Attorneys

Drew Quinones Drew Quinones, P.C.

You should seek the advice of an experienced worker's compensation attorney. Call me for a free consultation. 267-210-8752

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Answered on 7/20/13, 6:50 am

Domenic Bellisario Law Office of Domenic A. Bellisario

It's great that you have been able to handle this matter on your own so far, but I strongly suggest you contact an experienced attorney to evaluate the settlement value of your case. Also, there are several issues that need to be addressed with any settlement. For instance, you say you have retired. Are you on Medicare or will you be in the near future? If so, any settlement has to take into account Medicare's interest. Neither you nor the insurance company can shift the burden of future medical expenses related to your injury onto Medicare. There are also potential Social Security Disability issues that need to be addressed. I handle these types of cases regularly. Feel free to contact me at (800) 433-9700

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Answered on 7/20/13, 7:26 am
Richard Senker Senker Law Office

You are going to get "out-lawyered". You need to talk to an experienced work comp atty. Call me if you want some recommendations in your area.

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Answered on 7/20/13, 10:26 am
Terrence Valko ERISA Disability Lawyer

If you are being sued for a termination, suspension or modification of benefits, call tom cook or a decent Harrisburg employment lawyer on Monday morning. The info you feel may be so valuable may be inadmissible hearsay such that the neurosurgeon's disagreement with the IME doctor does not help you like you think it may.

Then you will have nothing.

At least you will have saved the lawyer's 20% statutory fee.

Good Luck.


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Answered on 7/20/13, 7:51 pm

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