Skip to main content
Robert P. Frantz

Robert Frantz’s Answers

3 total

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

    My workers comp doctor done surgery on me and after 2 months he had said he cant treat me any more. He has been treating me for 4 months and refered me to another doctor at a pain management clinic at which time I have been wanting to get back int...

    Robert’s Answer

    The simple answer is - No. After 90 days you may treat with a doctor you choose and workers' comp will pay for the treatment so long as it is reasonable and necessary treatment for the work injury. You should choose your Doctor wisely because he or she may have to support you and testify on your behalf at some point in the future. Also, many people feel limited because they "only" have workers' compensation to pay for their medical treatment. This should not be the case. You should treat your workers' comp coverage just like Blue/Cross and Blue Shield. You have the right to choose your treatment provider and get treatment. Workers' Comp is obligated to pay for appropriate treatment in full. There are no co-pays or deductibles for you to worry about. In this aspect it can actually be better than private insurance. Good luck

    See question 
  • Unemployment/worker's comp

    I was a bricklayer/ laborer forman, when I got hurt on jobsite. Being ignorant to the worker's compensation laws in PA and not having personal health insurance, I worked through my injury for almost a month, because being loyal to the company, hal...

    Robert’s Answer

    It sounds like you are now out of work, still injured and without income. This leaves you with two options. Unemployment Comp and/or Workers' Comp. UC is limited in time and taxable. Workers Comp is much less limited and not taxable. Your receipt of Unemployment would also reduce the amount of workers' comp per week if both benefits are received at the same time. Also workers' comp would pay for your medical treatment for the work injury. I would suggest pursuing a workers comp claim now. It seems as though you provided notice of the injury to your employer/ supervisor as required (w/in 120 days). You now must file a claim petition within three years of you injury. Good luck

    See question 
  • Can you appeal a workmans comp judges final decission?

    I am in littagation for a work related injury and I Propoased a settlement offer and the other side came back with a counter offer that was not even close to what I was seeking If we can't agree on a lump sum settlement and the Judge rules against...

    Robert’s Answer

    Yes you may file an appeal to the Judge's Decision within 20 days of it being issued. The appeal would be filed with the Workers' Compensation Appeal Board. The next and more complicated level of appeal would be to the Commonwealth Court of PA. Although you have the right to appeal, the outcome of any appeal is not guaranteed. In order to be successful on appeal you typically must demonstrate a clear legal error by the Judge or prove the Judge's decision in not based on substantial evidence. It is obviously better to win before the Judge or avoid the uncertainty of the Judge's decision by obtaining a fair settlement. If you are not represented by an attorney now most would or should only charge you a percentage of any settlement amount obtained over the amount already offered to you. Good luck. Rob Frantz, Esq.

    See question