If you’ve received a notice that your Employer/insurance company is attempting to either suspend or terminate your Pennsylvania workers’ compensation benefits, you most likely are worried and confused. There are probably a few questions going through your mind: What does it mean to have my benefits ‘suspended’? What does it mean to have my benefits ‘terminated’? What do I do now?
In either case, you need the advice of an experienced workers’ compensation firm. The type of petition dictates what the employer and insurance company must prove and what the results will be. Conversely, the type of petition also determines what type of evidence an injured worker should demonstrate to prevail and continue to collect workers’ compensation benefits. In either case, the quicker you act, the better your chances of prevailing.
In Pennsylvania, a Petition to Terminate Compensation Benefits is filed when an employer is alleging that the injured worker has fully recovered from the work-related injury. A termination petition is usually filed shortly after you are seen by a doctor for the purposes of conducting an IME, or “Independent Medical Examination.” For the Employer to file a Termination Petition, the IME doctor has to find that the Employee has made a full recovery from the work injury. If the IME doctor gives such an opinion, he or she will fill out an Affidavit of Full Recovery, stating that you are 100% fully recovered from the work-related injury. The defense attorney will then use this sworn Affidavit of Full Recovery, and the IME report, to file a termination petition. The worker will have to respond to the petition if he/she wants to prevent their benefits being cut off. When a termination petition is filed, the defense attorney will request a supersedeas hearing. A supersedeas request asks the Workers’ Compensation Judge to issue a decision within 14 days cutting off your compensation benefits. Your attorney will attempt to obtain the specific, focused, and competent medical opinion to hopefully defeat the request for supersedeas. Then you will continue to get benefits while the case proceeds to additional hearings and live testimony for the various doctors. If the case does not settle in the meantime, the WCJ will render a full blown and detailed decision on whether, in his opinion, you have fully recovered. Most likely that decision will become fianl as it almost impossible to get it over turned on appeal. If a termination petition is granted, the workers loses all rights to workers’ comp benefits, including wage loss, along with any future medical treatment benefits. If a termiation is granted, the insurance company will no longer pay for medical treatment and you are limited to thrww years to file a reinstatment of benfits. Under PA workers’ comp law, a Petition to Suspend Benefits can be filed in a number of situations. A Petition to Suspend may be filed if the injured worker returns to work, fails to return LIBC forms as required by workers’ compensation regulations, if the Employer can show that they provided work within the employee’s restrictions and the employee turned down the work, if a labor market survey was conducted and found that work is generally available to the worker in the workers’ pre-injury economy or usual employment area, or if the worker refuses reasonable medical treatment or refuses, against a WCJ’s order, to submit to an IME. When a defense attorney files a Petition to Suspend benefits, he or she will request supersedeas. As is the case in a Petition to Terminate Compensation benefits, the burden of proof lies with the Defendant though, depending on the basis for the Petition to Suspend, it may be easier for the Defendant to succeed on this type of petition than it would on a Petition to Terminate. It is important to note that even if your benefits have been suspended, you have an ongoing right to reasonable and necessary medical treatment that is related to your work injury; generally, a Petition to Suspend is filed to cut off wage loss benefits. You also have between 9.6 and 12.6 years to file to have your wage loss benefits reinstated.
One additional thing both types of petitions have in common: you will need an experienced PA workers’ compensation attorney to put you in the most advantageous position if you are facing either type. An experienced attorney gives you an excellent chance to prevail on either type of petition or to get a lump sum settlement that allows you to move on with your life. If you are currently receiving comp benefits and even if you have not yet received a Petition to Suspend or Terminate your benefits, it is worth your time to reach out to an experienced workers’ comp attorney. The more prepared you are, the better your chances of a positive outcome. The law firm of Calhoon and Kaminsky P.C., represents injured workers and Social Security Disability applicants throughout Pennsylvania, including (but not limited to): Allentown, Altoona, Bellefonte, Bethlehem, Bloomsburg, Carlisle, Chambersburg, Easton, Enola, Fayetteville, Gettysburg, Harrisburg, Hazelton, Hollidaysburg, Huntingdon, Lancaster, Lebanon, Lewisburg, Lewistown, McConnellsburg, Mechanicsburg, Mifflintown, Millersburg, Milton, New Bloomfield, Newport, Philadelphia, Pittsburgh, Pottsville, Reading, Scranton, Shippensburg, State College, Sunbury, Uniontown, Washington, Wellsboro, Wilkes-Barre, Williamsport, York and all cities and towns in Adams County, Allegheny County, Berks County, Blair County, Bucks County, Centre County, Chester County, Clinton County, Columbia County, Cumberland County, Dauphin County, Fayette County, Franklin County, Fulton County, Huntingdon County, Juniata County, Lancaster County, Lebanon County, Lehigh County, Luzerne County, Lycoming County, Mifflin County, Montgomery County, Northumberland County, Perry County, Philadelphia County, Schuylkill County, Tioga County, Union County, Washington County and York County, Pennsylvania.
Calhoon and Kaminsky P.C.
2411 North Front Street
Harrisburg, PA 17110
1-717-695-4722
