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When are benefits terminated after a release back to work?

Wilkes Barre, PA |

Being treated by Dr. he removed restrictions so i don't lose my job. I am no better than before and have another injection on the 19th. my appt was on 6/29, workers comp called today to go back Thursady. also, aadjuster called and stated my benefits are terminated as of 6/29. and she placed a stop payment on the check that was issued to me. is this correct? Also, is my medical termed as well?

Attorney Answers 3


You need to see a workers' comp attorney immediately to make sure your rights are protected. Depending on whether your injury was 90 days ago or more, and whether the acceptance of your injury was by NCP or TNCP, the insurance company may be able to stop benefits without the approval of a workers' compensation judge. Once a claim is formally accepted, then the approval of a judge is required for benefits (wage and medical) to be terminated. The time when an injured worker returns to work is a critical point, and should ALWAYS be done in conjunction with the advice of an attorney. Depending on what happens in these situations, an injured worker, who is only trying to go back to work in good faith, can completely ruin his or her case. I would urge you to contact a workers' compensation attorney at once.

Glenn C. Neiman

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You need to hire an experienced workers compensation attorney ASAP. You have valuable rights.

If your work injury was within 90 days of when you are released back to full duty work, the insurance carrier may suspend your wage loss-benefits if you are back to work at wages equal to or greater than your pre-injury wages. . If you still require medical treatment, it would not be proper for your medical benefits to be terminated.

You should be careful. You need to hire an attorney to protect your interests.

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The real issue is in regard to the date of injury and how the injury was acknowledged, if at all. Depending on the controlling document, there may be a violation of the Act.

I would agree with the other posters that it would be in your best interest to speak to an experienced workers' compensation attorney. My office is just over the bridge in Kingston, and I would be happy to meet with you. The initial consultation is always free.

Timothy D. Belt, Esquire Helping injured workers in Northeast Pennsylvania. DISCLAIMER: This post is intended as general information applicable only to the state of Pennsylvania. The information given is based strictly upon the facts provided. This post is not intended to create an attorney client relationship, or to provide any specific guarantee of confidentiality.

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