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 thereafter who removed me from work in Dec. becus of increased pain. In Dec my employer stopped all payments. A petition for reinstatement was filed in Dec. I had a IME in Feb. Had surgery for my injury in Feb. Testified at the first hearing in Feb. Mandatory Mediation failed this month. Why won't my employer reinstate or the judge require them to reinstatement? Do I have to go through an entire hearing and wait for a ruling to get benefits again? My employer has not issued or filed any kind of notice/petition since the NCP.

Norristown, PA -

Attorney Answers (5)

Timothy D. Belt

Timothy D. Belt

Workers' Compensation Lawyer - Kingston, PA
Answered

First, if you do not have a lawyer, you need to get one, and if you do have a lawyer, you should be asking him/her this question.

In regard to the question itself, yes it is completely possible that you will need to fully litigate your petition before your benefits are reinstated. Furthermore, if your employer has an opinion form their doctor that you are able to work and they have work available, depending on the controlling document, they may even be able to demonstrate a reasonable contest.

Again, this is a matter that would be best served through your own lawyer.

Timothy D. Belt, Esquire Helping injured workers in Northeast Pennsylvania. belt-law@belt-law.com www.belt-... more
Richard Alan Jaffe

Richard Alan Jaffe

Workers' Compensation Lawyer - Philadelphia, PA
Answered

In rare occasions, the Workers compensation carrier will voluntarily reinstate an injured workers benefits. More often than not, however, a Petition for Reinstatement will need to be litigated and in most instances fully litigated. If the Defendants IME results in a favorable opinion the Workers Compensation Carrier may reinstate benefits, however there maybe other extenuating circumstances that will be brought out through fact witness testimony that would cause they Defense to fully litigate the claim.
Assuming you have an attorney, it is my recommendation that you discuss these issues with your attorney rather than place questions on the Internet. It is impossible for any of the attorneys on this website to properly answer your question without all the facts.
If you do not have an attorney, is my recommendation immediately contact the attorney to her present your interest in this matter. Most attorneys to handle Workers Compensation Claims will not charge for an initial consultation and will accept your claim on a contingency basis.

This answer to your legal inquiry is based upon the limited facts stated in your question. Accurate legal advice... more
Robert Alan Huber

Robert Alan Huber

Workers' Compensation Lawyer - Philadelphia, PA
Answered

You should be directing this question to your attorney. However, you are in a position where a decision from a WCJ will likely be required before your your benefits will be reinstated.

It sounds to me like you should prevail, but you need to hang in there. It takes time and trust in your attorney and the legal system.

Geoffrey Hillsberg

Geoffrey Hillsberg

Workers' Compensation Lawyer - Media, PA
Answered

Unfortunately, if the Employer will not voluntarily reinstate your benefits, you will have to complete the litigation and get a ruling from the Judge to get your benefits turned back on. It sounds like you are already pretty far into the process, so that is good news. Also, if the Judge does not believe the Employer had a reasonable basis to oppose reinstatement, the Judge can award penalties and attorney's fees. Good luck.

James Robert Burn Jr.

James Robert Burn Jr.

Workers' Compensation Lawyer - Pittsburgh, PA
Answered

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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