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. firstname.lastname@example.org www.belt-law.com 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.
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 is based upon an exchange between a lawyer and a client. The lawyer can then ask about other facts that may change or confirm the answer. Without that exchange, this reply should be considered limited in value. You should rely on this answer only at your own risk. Direct consultation with a lawyer is always recommended. Answering your question does not create an attorney-client relationship. The answering attorney is licensed in Pennsylvania and all answers are given pursuant to Pennsylvania law, unless otherwise indicated. If you have further questions regarding your issue, or my answer you may contact me to discuss this issue further by calling 215-496-9607 or sending an email to email@example.com
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.
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.
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.