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If My IME Doctor Alleges I Am Fully Recovered From My Pennsylvania Work-Related Injury, Can They Stop My Checks?

No. If you are receiving Pennsylvania Workers’ Compensation wage loss benefits for an accepted claim, the insurer or third party administrator is not permitted to stop your checks merely because it has received a medical report from a doctor claiming that you are recovered from the work injury. To stop the checks in this situation, the insurer or TPA has to file a Petition to Terminate benefits, request supersedeas, and then have supersedeas granted by the Work Comp Judge.

So, what is supersedeas in a Pennsylvania Workers’ Compensation case? It is a request by the insurer or TPA to the Work Comp Judge to stop the wage loss checks, at the beginning stage of litigation, based on the receipt of medical evidence that there is a recovery. Note, however, that the Work Comp Judge will, before issuing a Decision on supersedeas, allow the injured worker to submit documents that establish the fact that there has not been a full recovery. Injured workers who are not represented by an experienced PA Work Comp Lawyer are at a big disadvantage in this situation and they are urged to seek representation to avoid having their checks stopped. If the lawyer is successful, the Judge will award a 20% fee of the ongoing checks- but the alternative is much, much worse- the checks stopping. The Supersedeas Hearing arrives quickly after a Petition to Terminate (or Suspend) is filed.

Can the Supersedeas Decision be reversed? Supersedeas comes by way of an interlocutory order- which, by definition, means it is not subject to appeal. However, after the Judge reviews all of the evidence at the end of the litigation – including deposition testimony, the final Decision can reinstate the checks. But litigation can take a year or more sometimes-so the supersedeas stage is critical because losing at that level means no work comp checks during the rest of the litigation. This can be a devastating scenario for many injured workers who do not have sufficient savings to carry them through.

One situation where the insurer or TPA can stop the work comp checks without Court Order is when an injured worker returns to work at the pre-injury employer. The insurer or TPA can issue what’s called a Notice of Suspension since the injured worker is back to a regular paycheck. The injurer worker can challenge that Notice if the return to work is not successful. The nature of that specific challenge depends on the length of time the injured worker continued to work.

The Pennsylvania Workers’ Compensation Law has become highly technical and procedural. If you are an injured worker and do not have legal representation with a PA Work Comp Lawyer who only handles PA Work Comp cases, call or email me immediately for a free consult TOLL FREE 1 (877) 560-7090 or Michael@cardamonelaw.com

You won’t talk with a “runner” or a secretary- you will talk with me directly so that I can give you a complete analysis of your case.

Awards & Recognitions

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Top 10 Attorneys Award Pennsylvania workers' comp lawyer
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Cardamone Law Has Negotiated Some of the Largest Workers’ Comp Settlements in Pennsylvania

$6 Million
We Assisted Another Firm in Reaching Settlement
$2.2 Million
Spinal Injury
$897,000
Lower Back Injury
$650,000
Lower Back Injury
$550,000
Neck Injury
$425,000
Leg Injury
$375,000
Knee Injury
$325,000
Ankle Injury
$6 Million
We Assisted Another Firm in Reaching Settlement
$2.2 Million
Spinal Injury
$897,000
Lower Back Injury
$650,000
Lower Back Injury
$550,000
Neck Injury
$425,000
Leg Injury
$375,000
Knee Injury
$325,000
Ankle Injury

Client Testimonials

"Thank you from the bottom of my heart Mike and Shirley!!"

I called Shirley when I was scared and didn’t know what where my next dime was coming from after I was out with my work injury. Shirley was very kind and helpful guiding me every single step of the way. Mike was not your typical lawyer was not pushy but very responsive to all my gazillion questions. He helped me get my settlement quickly and settlement check in a very timely manner. Would recommend them to anyone! Mike helped calm all my fears and anxieties as I was trying to navigate one of the hardest and most stressful times in my life. Thank you from the bottom of my heart Mike and Shirley!!

- Jen Thompson
Google Reviews
"Tienes un equipo impresionante a pesar de ser una compañía pequeña, los resultados fueron excelentes!"

Yo le daría 10 estrellas en vez de 5 , Michael Cardamone es una persona genuina y un gran abogado, al principio de mi caso, yo estaba en la oscuridad y no sabia que pasos tendría que seguir porque Workers comp ,solo me cubría en esos momentos los beneficios medicos .Después, me eliminaron el puesto , no sabia como manejar mi situación (estaba con una cirugía y también sin trabajo,) grasias a Mike, el me dirigió por el camino correcto, me dieron una muy buena cantidad por mi caso. El fue muy comprensivo porque le hice muchas preguntas por email y siempre me las contesto a tiempo, brindando seguridad ,sabia que estaba en las manos correctas! Shirley y Francisco también fueron de gran ayuda con los recordatorios y servicios de traducción en Español. tienes un equipo impresionante a pesar de ser una compañía pequeña, los resultados fueron excelentes! se los recomiendo a todos. Muchas grasias Cardamone law!

- Marisol Rodriguez
Google Reviews
"Best Law Firm around!"

"Cardomone law is absolutely fantastic! They are very responsive and helpful and they will fight to get you what you deserve. Shirley is also very helpful whenever you have any questions! Best Law Firm around!"

- C. Edwards
Google Reviews
"Michael and Shirley are very dedicated...and getting the maximum amount favorable to my case"

"Cardamone Law Firm were very helpful to me since day one. Michael and Shirley are very dedicated to my case giving me updates, answering my questions, being honest with my case, and getting the maximum amount favorable to my case. Thank you so much for your service and dedication and helping me to achieve not only your case but to guide and refer me in other needs too! You guys are the best law firm friendly and dedicated. I will recommend to anyone."

- A. Ortiz
Google Reviews
"Michael won my workers comp case after my employer insurance denied my claim."

"Exceptional firm. Highly recommend this law firm. Michael won my Workers Comp case after my employer insurance denied my claim. Him and his staff were always at my reach for legal and emotional support. Am so happy I hire them. Thanks Michael and Ms. Shirley."

- Carlos P.
Google Reviews
"[They] did an excellent job in getting me financially compensated in a fairly short amount of time."

"I recently had a work related injury and was receiving Workers' Compensation (medical benefits only). Soon after I was fired, so I contacted Paul Silver at Cardamone Law Firm who did an excellent job in getting me financially compensated in a fairly short amount of time. Paul and his assistant Shirley always responded to any questions I had about the case in a very short amount of time. Thank you for helping me with this difficult case."

- Robin C.
Google Reviews
"Highly recommend."

"Cardamone Law was great with helping my husband with his Workers Comp issues. Mike and Shirley were the best with letting us know what was going on every step of the way. Highly recommend."

- Danielle P.
Google Reviews
"Mike Cardamone is amazing"

"Mike Cardamone is amazing. He is "hands down" one of the best lawyers I've ever had the privilege of knowing. He is very kind, understanding, knowledgeable in his field, always very thorough and helpful. He was extremely professional and someone who truly cares about his clients. I felt completely at ease with him. He was a pleasure to work with, explained everything in detail, as well as answered all my questions with knowledge and care. If you want someone you can trust, who communicates every step of the way, will fight for you and make sure you win your case, he is it! I will refer all my family and friends to him. Thank you so much Mike, for everything. I appreciate all your hard work and dedication in helping me."

- Allie M.
Google Reviews
Without a doubt YOU are the best!!!

"Without a doubt YOU are the best!!! Every person who is in the horrible position of being injured at work should have someone as kind, compassionate and knowledgeable as you on their side. You never once made me feel like I was one of a hundred other clients. I always knew you had my back! You answered calls and emails at all hours. You fought every fight for me so I only had to worry about getting well. Behind your nice, calm face there’s a pit bull ready to take on any employer or judge. I can never thank you enough."

- L. Edall
Google Reviews
"Best Workers' Comp Lawyer!"

"Michael is simply the best! He was there for me from day 1 till the end, and we won the case!! He is always available to help. I had a gazillion questions and he would answer them one by one. He's a great lawyer and I feel lucky to have found him online from reading other outstanding reviews about him. Believe me, they're true!"

- Faith B.
Google Reviews
"Great Attorney"

"Great attorney, handled case quickly and efficiently. I would recommend him and would use him again. He was always available to answer any questions we had. Thank you, Mr. Cardamone."

- H. Anderson
Google Reviews