How Do I Challenge The Description Of My PA Work Comp Injury?
Hire an experienced PA Work Comp Lawyer to analyze whether you need to file a Claim Petition or a Petition to Review- it depends on the diagnoses you are seeking to add and when the diagnoses were evident.
You will need to present medical evidence- either a deposition of an expert medical witness, or reports- depending on various factors.
PA Work Comp insurers/employers often minimize the description of the injury- because they only have 21 days to put a label on it and they are not going to lock themselves into a serious diagnosis, especially when the medical treatment is in the early stages. As such, you often see back injuries called “lumbar strain/sprain”. If you wish to amend that description of injury, and if the insurer won’t do it voluntarily, you need to file the appropriate petition.
Enhancing the description of injury is normally beneficial to a case. However, there are some instances when this can be detrimental- such as when you are negotiating a PA Work Comp Settlement which means you are taking into account the interests of Medicare. In these situations, it is sometimes better to not challenge the description of injury in your PA Work Comp case.
For more info about injury descriptions in PA Work Comp cases, call or email experienced PA Work Comp Lawyer Michael W. Cardamone for a free and comprehensive analysis at (267) 651-7945 or email Michael@cardamonelaw.com 7 days a week.
