Wilkes Barre Termination/Suspension Petitions Lawyer
Petitions to Terminate or Suspend Workers’ Compensation Benefits
Employees receiving workers’ compensation benefits can be required by their employer’s workers’ compensation insurance carrier to submit to an Independent Medical Examination (IME) as often as every six months, so that the insurer can monitor the employee’s progress and determine whether to continue or cut off benefits. Insurers use these IMEs as an opportunity to generate evidence that benefits are no longer needed. Sometimes, the insurer will claim the worker has fully recovered, and the IME doctor will swear out an Affidavit of Full Recovery. Other times, the employee’s treating physician and the IME doctor may agree the worker is still disabled but disagree over what types of work restrictions are appropriate. In these situations, the employer may file a Petition to Terminate, Suspend or Modify workers’ compensation benefits. Employers may also file a petition in other circumstances, such as when:
- The employee turns down work offered by the employer that the employer believes is within the employee’s work restrictions
- A labor market survey finds that work is generally available to the employee in his or her pre-injury economy or usual employment area
When a job offer at less pay is refused by the worker, the employer may file a petition to modify benefits to a lower level corresponding to the lower pay offered.
A petition to suspend or terminate may impact wage loss benefits only, or the petition may attempt to cut off all workers’ compensation benefits entirely. Medical evidence, including the testimony of the treating physician, is key in some cases, while the testimony of a vocational expert may be more important in other cases. If you’ve been given a Notification of Suspension or a Supplemental Agreement, you can challenge the employer’s attempt to suspend, terminate or modify your benefits, but you may only have as little as 21 days to challenge the employer’s action. Call the Figured Law Firm as soon as you have received notice of a suspension or termination of benefits so that we can move quickly to secure your rights and prevent your benefits from being cut off prematurely.
Petition not always required to suspend or terminate benefits
An employer can sometimes suspend or terminate workers’ compensation benefits without filing a petition. For instance, if the employee returns to work at the same pay as before the injury, the employer only has to notify the Bureau of Workers’ Compensation in order for benefits to be suspended. Also, employees on workers’ comp are required to verify any change in their employment status or physical condition, and they are required to regularly report if they receive unemployment, retirement or other benefits. Upon a worker’s failure to report or turn in forms as required, such as the LIBC-750 Verification Form, benefits will be suspended until the proper form is submitted.
Call the Figured Law Firm to Fight a Workers’ Compensation Termination/Suspension Petition in Eastern Pennsylvania
If your employer has filed a petition to terminate or suspend your Pennsylvania workers’ compensation benefits, the Figured Law Firm can come to your aid and fight to see that your benefits are not cut off early before you have had a chance to fully recover. Call 570-954-9299 for a free consultation.