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Michael W. Cardamone
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Michael Cardamone’s Answers

36 total

  • Insurance at work questions.

    I work for a small company and my boss charges $50 if we employees work between 70 - 75hrs bi weekly and $100 if we work under 70hrs. Now last year I injured my back at work and was forced to miss several days of work and was charged $100 for mi...

    Michael’s Answer

    I need more information as there seems to be multiple, possible violations of law. If you are an employee, and if you were injured in the course and scope of your employment, and gave proper notice (ie, within 120 days), then you have a viable workers' compensation case worth exploring- at a bare minimum. I strongly recommend that you seek legal advice to give you a full analysis.

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  • What does form (LIBC-378) -Penalties (for violation of the Act, rules and regulation) mean after almost 2 years of setteled case

    I just received this form with my last employer name, attorney and insurance carrier including my name and my attorneys name. I have nothing to do with these people why did I receive this form. Does it have anything to do with my new injury even t...

    Michael’s Answer

    A Penalty Petition is filed for an allegation that the employer/insurer violated the Pennsylvania Workers' Compensation Act. In many cases, it stems from a late payment of an indemnity (wage loss) check or failure to pay a medical bill. Appears you are represented in the matter, so it would be prudent to speak to your attorney about this issue. It may not necessitate your attendance at the proceedings, but call to make sure. Good luck.

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  • What are my rights in this situation? It feels like retaliation.

    2 weeks ago I broke my toe at work & started a workers comp claim. I have orthopedic dr appt on Mon, 6/1. Have concerns about the company paying my medical bills. I haven't been able to work since the incident. On Thurs 5/28, I received a call fro...

    Michael’s Answer

    Two big issues. 1) You have a viable work comp case and should talk to a Certified PA Work Comp Specialist asap. You clearly have a claim for wage loss and medical benefits. They will claim your lost earnings are due to budget cuts, but if they laid you off while on work-related restrictions, the claim for wage loss appears strong. 2) Is the budget cuts issue really a smokescreen and a way to retaliate for you getting injured on the job? You may be able to build a case for retaliation. Make sure to request the Notice of Compensation Payable from the adjustor- to see if they have accepted the claim temporarily and whether they included wage loss vs a "medical only" case.

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  • I fell at work injured my eye broke my glasses and nose got 5 stitches is there something i can do they wont replace my glasses

    fell at register in front of customers causing 2 laceration and a broken nose

    Michael’s Answer

    Yes. File a Claim Petition using a Certified PA Work Comp Lawyer. Appears you'll have to drag them into court for failing to pay. I'd also consider filing a Penalty Petition. If you received a Notice of Compensation Payable or a Temporary Notice of Compensation Payable, take a close look in the upper left hand side of the document to see what diagnoses/injury they accepted. If it's not accurate, then a Petition to Review is warranted.

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  • Is this legal for my fiances employment to do?

    My fiance hurt himself at work 2 years ago he ended up with a type of tendinitis,. It started acting back up again the other day while he was at work. He requested a dr never got a call. Well he called today, and is going to fill out workmans comp...

    Michael’s Answer

    I would need a lot more information to give a detailed analysis here. But the key issue will be whether this is the old, accepted injury (assuming it was accepted for our purposes) manifesting itself or whether his recent work caused an aggravation and/or new injury. That will largely hinge on what the treating physician says once he or she analyzes the current situation and juxtaposes with the prior medical records. It goes without saying that your fiancé should Lawyer Up quickly and with a Certified Work Comp Attorney. Good luck.

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  • Question about PA workmans comp., & proposed settlement.

    I'm in my later years, on comp., 2 1/2 years, permanent partial disability, & wishing to settle with the ins. carrier. I've authorized my attorney to ask for a settlement amount that is about 30% less than the payments would be to the end of about...

    Michael’s Answer

    You cannot force a PA Work Comp Settlement. It is not a unilateral process, but an agreement between you and the employer/insurer/tpa. Many of my clients ask me this. Unfortunately, some firms are very loose with their marketing and make it appear like a settlement is something you're "entitled" to. Then the general public gets the wrong idea. This is not true. It's an agreement. Mediations tend to be effective in many case so keep pushing for that to keep the idea on the table.

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  • Workers compensation issue

    Hurt my knee on 11/27/14. Employer granted TNCP. Originally diagnosed as sprained LCL, about 10 weeks later, no improvement. Employers doctor order MRI, MRI shows complex meniscus tear. 2/20/15 Doctor says arthroscopy, but wants me to lose weight...

    Michael’s Answer

    Few tips: 1) As the others have suggested, Lawyer Up asap if you haven't already. Not having a Certified PA Work Comp Attorney is a major negative. 2) If your doctor can release you to restricted work, perhaps you can obtain Unemployment Compensation in the meantime- work comp will get a credit but it's money now vs. money later. 3) Find out what their defense is and see if you can get the Judge to find an admission of a work injury by Employer/Insurer if duration is the only issue they have a contention with. Does the Answer to the Claim Petition admit any key element? 4) Seek a voluntary mediation to try to settle the case. Good luck to you.

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  • Been out of work four months without loss of wages payments

    Working as a maintance worker 32yrs had a work injury. Have two herniated disks. They are paying medical but no loss of wages. Had a hearing last week I testified. The judge gave both sides time to get medical info together. My next hearing is in ...

    Michael’s Answer

    Unfortunately, the litigation process in Pennsylvania Workers' Compensation cases is tedious. The upside is that both sides get to present their case- ie, Due Process. However, it can cause enormous mental and financial anguish. If you are able to work in some capacity, consider Unemployment Compensation. Do you have a short term disability policy at work or otherwise? Can you try to obtain a lighter duty job- even if part time- for some cash flow? Have you applied for social security disability yet? If you are not represented, it is extremely difficult to win these case. Good luck to you.

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  • Can the employer/IC request a 2nd supersedeas hearing during litigation to suspend wc benefits & will my wage benefits stop?

    I'm a highway construction worker injured at work & IC accepted responsibility & paid wage ben for 7 mos. IC Dr released me to work. Knowing I could not do the job, hired an attorney who filed an emp challenge at the same time the IC filed a pet...

    Michael’s Answer

    They can request it again but that doesn't necessarily mean their odds are higher this time. Supersedeas, absent a complete lack of response by an injured worker, is not frequently granted. Did anything of substance change in the interim- between the Supersedeas Order and Pet to Suspend Number 2? If you are represented you will want to discuss this with your attorney. If you do not have one, it is recommended that you obtain legal counsel as the procedures in Pennsylvania Work Comp can be complicated.

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  • Recently hurt at work. The er gave me crutches and a brace, but ortho gave no direction or restrictions.Should I call ortho?

    ER doctor said to ease off when I feel I can or no longer need them. There is nothing in either report stating what I can or cannot do, except that he said and checked off that I am unable to work at this time. Should I call ortho office to see ...

    Michael’s Answer

    Yes. at the next appointment, ask the physician these questions. And make sure to clearly and promptly communicate any new set of restrictions to the Employer to avoid any company policy in this regard. Once you get some restrictions, the Employer will have to advise if they can try to accommodate them. If they can, then give the modified job at shot.

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