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Francis Joseph Lafferty IV
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Francis Lafferty’s Answers

117 total


  • How do I go about finding a lawyer or attorney that handle workman comp injury?

    Got hurt working At Walmart slipped and fell dislocated my shoulder and had to have surgery. Shoulder is not healing correctly so the Doctor wants to do another surgery. While on lite duty working I was working then all of a sudden I was not on sc...

    Francis’s Answer

    Use AVVO.com, or call your local bar association. Then ask questions of the attorneys until you find the one that is right for your case!

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  • Who is the liable for the workers compensation? Why? Is there any case law concerning wrap-up policies?

    Ins policy was provided. The customer was list as management company on the job, insured listed as my employer and the Statutory employer is the management company. Exclusion of employee endorsement: this endorsement excludes wc coverage for you...

    Francis’s Answer

    I definitely agree with the others. You should call a workers'compensation attorney. Almost all lawyers will discuss your case free of charge on the telephone. This will allow you to figure out what your next step should be! Good luck.

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  • Once my bi weekly checks stop and I receive my lump sum payment will I then immediately be able to apply for unemployment?

    I've been off work injured collecting total disability for what will be 2 years this coming March. My case is about to settle with a lump sum payment. Even if I was able, I don't have a job to return to as they closed down operations. I had worked...

    Francis’s Answer

    You should definitely discuss this with your attorney. Depending on the documentation you signed, you may have given up your right to UC (if you even have eligibility) in the resignation documentation you signed. IF you don't have a copy of everything your attorney can certainly answer this question quickly.

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  • Does mental injury due to M.V.A benefits Workers' Compensation case besides head and physical injury?

    I was injured in M.V.A; I suffer head and back injury and diagnosed with PTSD and depression.

    Francis’s Answer

    You are entitled to have medical bills for all causally related injuries covered by workers compensation if they occurred during the course and scope of your employment.

    If your mental health professional is relating your PTSD and depression to the accident or physical injuries suffered in the accident, you should speak to your attorney if they are not included in the Notice of Compensation Payable that was issued in your case. They can file a Review Perition to try and have them included if the insurance company will not do so voluntarily.

    Good luck with your claim!

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  • Do I need to get second surgery done if its not guaranteed to work without losing my benefits

    Under pa workers comp

    Francis’s Answer

    You should discuss this with your attorney, because your benefits can be suspended. The employer has the burden of proof to establish that the proposed treatment is reasonable. The court will consider the following factors: 1) whether it is highly probable that the medical treatment will cure the problem, and 2) whether it is highly probable that the medical treatment will enhance the employee’s prospects for gainful and fulfilling employment.

    Here is a blog post I have written addressing the issue that may be helpful:

    http://www.norlaflaw.com/blog/suspending-workers-comp-for-refusting-medical-treatment.cfm

    Good luck!

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  • I did an FCE test and given a permanent restriction of medium . Can I get a withdrawal without penalty on my 401k ? I'm 59.

    Have had surgery , shots, and therapy on my left . Have been an mmi from my doctor of a medium permanent job restriction after taken a FCE test. I also need a knee replacement ..I am receiving WC payments weekly.. My lawyer and are trying to settl...

    Francis’s Answer

    Suggest you call your attorney and ask for a referral to someone who deals with tax and financial planning issues. Certainly at this point you do not want to do something that would be detrimental!!

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  • Is there anything I can do after I have been denied by a judge, the Appeals Board and the Commonwealth Court? Reconsideration?

    My claim was denied even though the Independent Medical Examination Dr. changed his opinion on cross examination by my lawyer to favor me, 1 of the 3 people I worked with testified that I was injured on the job, the other said I wasn't and the oth...

    Francis’s Answer

    You should probably ask your attorney, since they will be most able to tell if there are any issues that you could appeal. It is impossible for anyone here to answer that question without knowing more facts.

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  • At a C & R hearing,can you request a lump sum?

    Can you request a lump sum rather than structured settlement?

    Francis’s Answer

    • Selected as best answer

    You can certainly demand and receive a lump sum rather than a structured settlement. In fact, I would say most cases are resolved via one payment than a structure. You should talk to your attorney about the settlement options on the table, to insure you are making the best deal possible.

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  • How long after a Pa. WCJ signs a settlement order should I wait for reimbursement for out of pocket medical to be paid?

    Per settlement agreement out of pocket medical as were all medical up to and including the day of signed settlement order. All medical except out of pocket Dr bills have been paid per arbitration agreement. Out of pocket expenses are a part of the...

    Francis’s Answer

    Having your attorney call defense counsel should get you paid immediately.

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