|Pennsylvania Workers’ Compensation| & Disability Lawyer

In a recent unpublished decision by the Commonwealth Court, the claimant was successful in an area of the workers’ compensation law that has been trending in favor of employers. In Boscov’s Department Stores v. Workers’ Compensation Appeal Board (Basham), the claimant testified in earlier proceedings, when 62, that his plan was to retire at 65. In later proceedings where the claimant was seeking reinstatement of benefits, the employer argued that this earlier testimony had the effect of removing the claimant from the workforce as of age 65, making him ineligible for further wage benefits. The Commonwealth Court ruled that his statement of a future plan or intention was not enough to show removal from the marketplace merely because his target age had arrived.

The courts have been much more inclined in recent years to to conclude that a worker is ineligible for benefits because she has removed herself from the workforce. This decision, that a mere statement of future intention is not enough, is a breath of fresh air for claimants.

Claimants who are receiving workers’ compensation and are approaching retirement age should talk to their lawyers before applying for social security or pension benefits. Younger claimants who have a disability retirement option should also talk to their lawyers first. The smallest step toward “retirement” may disqaulify you from benefits.

Source: Leagle.com

First, they will have you examined. Then they will ask the examining doctor to offer an opinion about what physical capabilities you have. They might use your own treating doctor, but they will probably hire their own doctor to conduct this examination. By law, the insurance company must notify you of the results of this examination. They will then talk to your pre-injury employer to determine whether they the employer has work for you to do within those capabilities. If the employer does not have modified duty work for you, the insurance company will hire a vocational expert to interview you. They will then ask the vocational expert to: 1) send you on interviews with prospective employers, or 2) offer an expert opinion about what you can earn.

A recent study published in Spine, one of the leading medical journals for those who treat spinal disorders, concludes that surgery is no more effective for treatment of a herniated disc than conservative measures when the patient is receiving workers’ compensation. By comparison, surgery was found to be a more effective option for those with herniated discs that are not on workers’ compensation.

Colleagues in the defense bar will no doubt snicker and suggest that the worker’s desire to remain on benefits is the reason for the poorer outcome for injured workers. However, the study does not support such cynicism. There was no significant difference in the return to work rates of the patients studied whether they were on workers compensation or not.

Source: claimsjournal.com via Massachusetts Workers Compensation Lawyer Blog