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Francis Joseph Lafferty IV
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Francis Lafferty’s Answers

110 total


  • Is there anything I can do after I have been denied by a judge, the Appeals Board and the Commonwealth Court? Reconsideration?

    My claim was denied even though the Independent Medical Examination Dr. changed his opinion on cross examination by my lawyer to favor me, 1 of the 3 people I worked with testified that I was injured on the job, the other said I wasn't and the oth...

    Francis’s Answer

    You should probably ask your attorney, since they will be most able to tell if there are any issues that you could appeal. It is impossible for anyone here to answer that question without knowing more facts.

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  • At a C & R hearing,can you request a lump sum?

    Can you request a lump sum rather than structured settlement?

    Francis’s Answer

    • Selected as best answer

    You can certainly demand and receive a lump sum rather than a structured settlement. In fact, I would say most cases are resolved via one payment than a structure. You should talk to your attorney about the settlement options on the table, to insure you are making the best deal possible.

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  • How long after a Pa. WCJ signs a settlement order should I wait for reimbursement for out of pocket medical to be paid?

    Per settlement agreement out of pocket medical as were all medical up to and including the day of signed settlement order. All medical except out of pocket Dr bills have been paid per arbitration agreement. Out of pocket expenses are a part of the...

    Francis’s Answer

    Having your attorney call defense counsel should get you paid immediately.

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  • Can a workers comp judge refuse to sign a compromise and release agreement?

    We agreed to a settlement,and I now have to go to a compromise and release hearing

    Francis’s Answer

    If you articulate on the record that you understand and agree to the settlement, the judge will approve the agreement.

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  • ,after the judge signs a compromise and release,how long til the settlement check comes? (Workers comp)

    The judge signed the compromise and release,how long after does the settlement check come

    Francis’s Answer

    That will most likely depend on if all parties waived the appeal period. You should ask your attorney if that was part of the bargain or not. If not, you should have your check within 30 days or so.

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  • Is this a HIPPA violation?

    I have a workers' Compensation case pending in court; I am getting a physical therapy at one facility that deal with the company I work for. There was an investigator following me to watch my activity. I received a copy of the investigator CD ...

    Francis’s Answer

    I agree with my colleagues that there is no HIPPA violation, the larger issue here is that they you are under surveillance. Not that it is a huge issue, but they would love to see you doing something outside of your restrictions. Clearly, you are on someone's "front burner" for them to have your followed. Perhaps talking to an attorney about what to expect would be in your best interest.

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  • Can an employer request a DT a week after an injury incident?

    I twisted my knee at work, went to the hospital because it hurt that much. I informed the manager about what happened. I went to the hospital, luckily it was just a sprained knee, but, the manager that was on at the time gave me no paperwork to ta...

    Francis’s Answer

    They can certainly ask, and the results may have some bearing on your employment status (depending on if there is a Collective Bargaining Agreement) or an employer handbook mandating that you must take a drug test; but as far as the effect on your workers' compensation claim, the employer would have to show that you were intoxicated at the time of the injury, and that the intoxication played a part in you being injured. Clearly, this would be difficult for them to do regarding the work injury.

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  • We settled in WC mediation,how do both myself and my Atty receive checks?

    We settled on April 10th still no hearing to sign off... Unclear about how both me and my Attyreceive checks?

    Francis’s Answer

    Following the hearing and the circulation of the Workers' Compensation Judge's decision approving the agreement, the insurance company will mail a check to both you and your attorney.

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  • I went to a mediation hearing for workmans comp hearing and we came to an agreement.

    A month later they are not agreeing and we have to go to a hearing with the judge. What was the purpose of the mediation hearing and the verbal agreement if the are allowed to back out of the agreement. Can we somehow still receive the settlement ...

    Francis’s Answer

    I would think that your attorney would be the best person to ask this question. Usually, if the parties come to an agreement at the mediation, there will be a final hearing scheduled (provided you did in fact agree to everything). Without knowing the rationale of why the Insurance Company is backing out of the "agreement," this is difficult to answer. No settlement, however, is final until approved by a Workers' Compensation Judge.

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  • How do I get a former employer/ their insurance company to pay for OTJ injury?

    Was injured OTJ July 2014 (dog bite) working as a delivery driver. Went to ER and after received Notice of Comp. Payable and had thought the HR dept. had filed and everything was fine(this was only for hospital bill, not time off). Was let go of c...

    Francis’s Answer

    I agree with my colleagues that a Penalty Petition may be in order. You should also contact a personal injury attorney about the possibility of a claim against the dog owner. Of course, if you are to receive a settlement for the dog bite, the WC carrier will need to be reimbursed, but you would be able to collect for your pain and suffering -- as well as any scarring and disfigurement -- from the third party claim against the dog owner.

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