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James Robert Burn Jr.

James Burn’s Answers

5 total

  • Do you have to complete a hearing to get workers compensation benefits reinstated?

    I filed my injury petition in July. My employer accepted the claim as NCP. I was out of work from July-Sept and paid TTD. Went back in Sept to Dec and was paid PTD. Treated with panel of docs for req 3 months. Started treating with my doc thereaft...

    James’s Answer

    If you have counsel, please ask them this question and about next steps regarding case strategy. From your note it appears as if this case will have to go to decision. In the interim, however, just because mediation failed does not mean that you should quit talking to the other side about settlement.
    -jb

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  • What are my right in a workers comp. case when a case worker wants to come to my Dr apartment?

    I hurt my neck and returned to work 3 days ago on modified duties. I'm having problems with the pain and a burning feeling and it being so tight I cant move it properly, and a bad headache that wont go away. I called the Dr and I couldn't make an...

    James’s Answer

    Caseworkers work for the insurance company, not you.
    Please make it clear to your doctors that this caseworker is NOT permitted to speak with them about you or your injuries.
    We do not allow caseworkers to attend doctor appointments with our clients. We do not allow caseworkers to speak to our client's doctors. We advise caseworkers to send authorization for medical records only. We scrutinize those authorizations, editing them as needed before allowing our clients to sign them.
    If not done so already, please speak to a workers compensation attorney.

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  • I was informed I am under investigation for a work comp case. Am I at risk of going to Jail? what does this mean?

    My comp case was denied 12-19-12 as a pre existing condition. Today I was told I am under investigation. The investigator called about an accident thatoccured with a person who is insured by their auto division, he told me "you are also under in...

    James’s Answer

    It is difficult to know from the information provided exactly why this investigator made such a statement. Please know however that in my opinion insurance companies and those whom they hire use phrases such as "under investigation" to intimidate unrepresented individuals. This phrase could mean nothing more than they are reviewing the facts and circumstances of your injury. It is unfortunate that many people with viable claims are scared away or intimidated from pursuing their rights because of such behavior. at a minimum you should speak to an attorney to follow up on this matter as soon as possible. Please consider speaking to an Attorney as soon as possible.

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  • Do I needs a work comp attorney in PA?

    I am currently out of work and receiving work comp check every 2 weeks since my injury in November. ( 2 pelvic fractures and multiple muscle tears). I have a personal injury attorney and work comp scheduled an IME. I feel I am not ready to retur...

    James’s Answer

    Please speak to a Workers Compensation Attorney as soon as possible. There are certain circumstances where an insurance company can get out from underneath their obligations to pay reasonable, necessary and related medical expenses, however, the threats they made to you based on your question are in my opinion a violation of the Workers Compensation Act and caselaw. Insurance Companies get aggressive and push the limits of the law or flat out ignore the law when they are dealing with injured workers who are unreprsented.

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  • About to fire my atty on work comp case.

    I called an atty who is big on advertising on tv. Hired them but lo and behold it was an atty from another law firm. Bamboozeld I was. This has been going on for seeral months now and still no result in my case. Employer not denying accident and...

    James’s Answer

    My advice to you would be to send the attorney a letter which addresses your your concerns and ask for a meeting. If this does not work, and you are not satisfied, send the attorney a discharge letter and ask for your entire file.

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