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Lower Back Injury

Can Workers’ Compensation Payments be Stopped in Pennsylvania?

Now that you may be on Pennsylvania Workers’ Compensation benefits, you will naturally wonder when will your weekly or bi- weekly checks stop. Here are the most common scenarios:

Workers’ Compensation Judge Finds a Full Recovery

Here, the insurer’s/employer’s attorney will file a Petition to Terminate benefits alleging that a doctor, whether theirs or yours, has opined that you’ve made a full recovery from your work-related injuries. The case will be litigated and both sides can present their evidence. If you lose, the checks will stop upon the Court Order finding a recovery.

Workers’ Compensation Judge Finds an Earning Power Equal To or Exceeding Your Pre-Injury Earning Power

Here, the insurer’s/employer’s attorney will file a Petition to Suspend benefits alleging that you have your pre-injury earning power back. This doesn’t affect medical benefits, only wage loss benefits. The case will be litigated and both sides can present their evidence. If you lose, the checks will stop upon the Court Order finding that you have your pre-injury earning power back. In this scenario, you will either be working and making the same or more as your pre-injury Average Weekly Wage, or a Judge will find that you could be earning the same or more as your pre-injury Average Weekly Wage, whether that be a job with the pre-injury employer that was offered, or from a Labor Market Survey/Vocational Assessment.

Failure to Send Back LIBC Reporting Forms Within 30 Days

Periodically, the insurer will send you forms to fill out. They are called LIBC forms. They will ask about your work status, whether you’re receiving any benefits like Unemployment Comp, Severance, Social Security Old Age benefits, or a Pension, whether you’re physical condition has changed, etc.  If you don’t fill them out and send them back within 30 days, the insurer can stop your checks until they’re sent back.

Incarceration After a Conviction

If you have been incarcerated after a conviction of a crime, the insurer can stop your Pennsylvania Workers’ Compensation checks.  So if an injured worker served time prior to a conviction, it doesn’t count. It must be after a conviction.

A Settlement Has Been Reached and Approved

Many injured workers will settle their entire case for a lump sum payment in a Compromise and Release Agreement. If the injured worker is receiving work comp wage loss benefits, those benefits will normally cease as of the day prior to the Compromise and Release Hearing at which the Judge approves the settlement. There are some cases where wage loss benefits will continue by agreement of the parties.

Death for Reasons Unrelated to Work Injury

If an injured workers dies for a reason unrelated to the work injury, the workers’ compensation checks will cease.

If You Refuse to Attend an Independent Medical Exam or Refuse Reasonable Treatment

Sometimes, a Judge can suspend your wage loss benefits if you miss an Independent Medical Exam, or if your doctor offers treatment that has a high likelihood of helping your condition and you decline.

The above scenarios are the most common ways that an injured worker’s wage loss benefits will stop in a Pennsylvania Workers’ Compensation case. For more information, always feel free to contact a Pennsylvania Workers’ Comp Attorney for a free analysis of your case. (267) 651-7945 7 Days a Week.

Awards & Recognitions

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Cardamone Law Has Negotiated Some of the Largest Workers’ Comp Settlements in Pennsylvania

$6 Million
Acted as Co-Counsel on a Case that Settled
$2.2 Million
Spinal Injury
$897,000
Lower Back Injury
$740,000
Amputation
$650,000
Lower Back Injury
$550,000
Neck Injury
$425,000
Leg Injury
$375,000
Knee Injury
$325,000
Ankle Injury
$6 Million
Acted as Co-Counsel on a Case that Settled
$2.2 Million
Spinal Injury
$897,000
Lower Back Injury
$740,000
Amputation
$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
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"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
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"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
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"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.
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"[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.
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"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.
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"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.
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"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
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