There are several scenarios for when the insurance company can stop sending you your wage loss checks. If you settle your case for a lump sum of money, then your checks will stop after the settlement hearing. Or, if the insurance company sends you LIBC forms asking you about your physical condition and whether you are working- and if you fail to return the forms within 30 days, they can suspend your wage loss checks until you send them back. Another instance when the insurer can stop your checks is if they prove that you are fully recovered from your work injury. They accomplish this by filing a Termination Petition and litigating the case for several months and by establishing that the IME doctor is more credible than your treating physician (not an easy thing for them to do). Another example of when the insurance company can stop your checks is when you sign a supplemental agreement, agreeing that you have returned to work at equal or greater wages than pre-injury. The insurer can stop paying your checks if they prove you’re capable of earning your pre-injury wages either through a job offer that the Judge believes is within your capabilities, or through a Labor Market Survey where the insurer’s vocational expert finds jobs that are allegedly within your physical and vocational abilities. Again, they accomplish this through litigation which takes many months- and which you have the right to defend.
When you need a workers compensation attorney in Pennsylvania, call Michael W. Cardamone at (215) 206-9068 or email Michael@cardamonelaw.com
Pennsylvania Workers’ Compensation Attorney