Ronald Lee Calhoon's Answers

Am I eligible for unemployment compensation if I settled a workers compensation case?

No, you are not eligible for unemployment benefits if you resigned from your job as part of your workers' compensation settlement. See the recent Commonwealth Court decision issued last week at http://www.pacourts.us/OpPosting/Cwealth/out/2085CD10_12-21-11.pdf

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While at work, and during an unpaid break, a chair collasped under me and I fell and hurt myself. Do I have a case?

Yes you have a case and hould be entitled to payment of medical bills related to your injury, as well as compensation for your wage loss. You are entitled to these benefits regardless of who is at fault for the injury. You also may be entitled to additional monetary benefits for scarring of the face, head, or neck which occurred as a result of a work related injury or surgery to address a work related condition. When warranted, the best workers’ compensation attorneys will pursue for...

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How long do worker comp have to send me to a doctor for final perm evaulation

The workers' comp carrier can choose to have you undergo an "Independant" Medical Evaluation (I.M.E.) every 6 months and they can have you undego an Impairment Rating Evaluation (I.R.E.) after receipt of 104 weeks (2 years) of total disability benefits. For a detailed discussion of each go to www.workinjuryinpa.com

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I applied for disability, and I'm still collecting unemployment, When I file my bi-weekly claim,

You can be disabled from your CNA position, have reasonable medical restritions and be available for employment entitling you to unemployment. Just because you can't lift 300 pound patients does not mean there are not 1,000s of jobs you are able and available to do. So, yes, under these circumstances, you are entitled to unemployment compesnation. If you are also receiving, workers' compensation for your HNP you should consult an attorney about whether it would be better, tax wise, to cease...

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Can you get uneployment when denied workers comp in pennsylvania? i was put out of work by their doctor and workers comp denied

Yes, you can collect unemployment compensation as long as 1) your employer refused to employ you with your medical restrictions and 2) the medical restrictions are reasonable (i.e., they do not place you out of a significant portion of the labor market). Once you receive workers' compensation, you should turn off your U.C. benefits as they are taked and U.C. is not and W.C. gets a credit for U.C. you received. For more information on these topics see www.workinjuryinpa.com

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Is it possible to relocate while receiving workers comp?

There are many advantages to moving out of state. I highly reommend it to my clients receiving Pennsylvania Workers' Compensation benefits. .

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Does the workers comp insurance co. have the right to choose a doctor for me after the 90 days are up?

No.

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I was injured, while i was employeed as a delievery driver. i tore my labral in my hip, i had surgery to correct this 2 months

The answer depends on your average weekly wage at time of injury, how much time you were and may be off work, how the residual physical impairment will hurt your future earnings, whether someone else paid the medical bills and are entitled to reinbursement out of the settlement, your future medical expenses, and other factors. If they offered $30,000.00 in could very well be $90,000.00 would be a fair settlement of the workers' compensation case. Only an experienced workers' compensation...

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Can I qualify for worker's compensation?

Some employers do not seek to control or limit your choice of who you treat with for your work injury. Others attempt to control this choice, but can attempt to control your choice only during the first ninety (90) days of treatment. Many employers and insurance companies seek doctors who are willing to cooperate with their wishes in return for a steady flow of patients. As a result, too often your health interests become secondary, proper testing is not prescribed to curb costs, you are...

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I have a workmns comp claim filed,why wasn't i offered to see the co. dr.? i'm in Pa.

Basically, the employer has no duty to send you to a doctor. It is your duty to treat for an injury if you want treatment. If your employer has a legally sufficient posted list of medical providers and you signed (both before and after the work injury) a written acknowlegement of your right and duties with respect to the company panel list of medical provders, the employer and the workers' compensation carrier is only liable to pay for medical treatment for the first 90 days if you treat with...

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