Employers may request an order terminating an employee’s workers’ compensation benefits if they show that a worker has fully recovered from his work-related injury or that the current disability is unrelated to any work injury. When seeking to terminate benefits, employers may not argue that a work-related injury never occurred if a ruling was made that a work-related injury did occur.
Expert medical testimony is necessary to establish the absence of any remaining disability and that a worker has completely recovered from the work-related injury. Such expert testimony is also used to show that an employee can return to work without any restrictions.
An employer typically gives notice about its attempt to modify or terminate benefits by sending the worker/claimant a copy of the petition to modify or terminate. Once this occurs, a claimant should receive instructions on filing an answer or response to the petition. An experienced workers’ compensation attorney can help ensure that all deadlines in a workers’ compensation matter are met in a timely fashion without delay. The case will then be assigned to a workers’ compensation judge, and a claimant will receive a Notice of Assignment. This document contains information regarding which judge has been assigned the case. If necessary, the case may be scheduled for a hearing.
Any worker who receives a petition to modify, suspend or terminate workers’ compensation benefits who is not represented by a lawyer should strongly consider consulting with an experienced Pennsylvania workers’ compensation attorney. This consultation should occur without delay once a claimant receives a copy of the petition. An attorney can help clarify how benefits may be affected and, more importantly, help prevent any negative change in the amount of benefits. Of course, an attorney can provide representation if the matter requires a hearing to resolve.
Don’t let your employer terminate your workers’ compensation benefits! If you are currently receiving workers’ compensation benefits and have any questions about an employer’s request to suspend, modify or terminate these important benefits, call Powell Law today to consult with an experienced Pennsylvania workers’ compensation attorney. Time is of the essence since there are deadlines for injured workers to respond to a petition to modify, suspend or terminate benefits.
Since James Powell, Sr., founded Powell Law in 1906, our attorneys have represented all types of workers in workers’ compensation cases. Remember, you have 120 days to report your work injury! Our decades of experience make us the clear choice for representation in workers’ compensation cases in the Scranton/Wilkes-Barre and surrounding areas. We effectively help our clients throughout the entire workers’ compensation claims process. Contact Powell Law at (570) 961-0777. The consultation is FREE!