Workers' Compensation Discussion Forums

Meet witht he attorney today.

I had several things on the agenda to discuss.

First, was the auto settlement and release of the medical lien.

Second, April 1st the judge decided in my favor allowing for me to return to the surgeon on the knee replacement, this appointment is scheduled for next week.

The judge also decided in my favor awarding reimbursement of medical bills, and for allowing for mileage.
The insurance company had until yesterday to reimbursement me for the medical bill and pay the mileage per the court order, hasn't been paid.
So today the attorney filed for penalty.

How does this work, do I return to court?
Forgot to ask the attorney.

Last, we discussed the appeal, the attorney says the insurance company does not have grounds for an appeal.
The attorney is working on his response, then it is up to the work comp board.

When a Penalty Petition is Filed Here in Pa. another Hearing is Set for the Judge to Hear the Complaint and Collect Evidence. If there is a Penalty, the Judge has the Authority to Impose from 10-50% Penalty on any Monies Owed and not Paid, or Arrive at a Price for the Penalty if it's not Monetary. so far in My Case, I have Won a Total of $11,000.00 in Penalties alone, and at Present I had a Hearing Recently to Ask for a Penalty on a Penalty that wasn't Paid on Time!! This is going to be Great, They are going to get a Penalty on Top of a Penalty because the Original Payment wasn't Made!! W/C is a Merry-Go-Round, I just Wish I could get Off Already!!! Smile

Thank you Still In Limbo for your answer.

This part of work comp is new to me.

The attorney seemed to enjoy the part of filing a penalty.

What happens it the amount is paid prior to the hearing?
Is there still a penalty for missing the deadline?

Only if You and Your Attorney Agree to Drop the Penalty Petition. If They Missed Their Date to Pay, unless an Act of God caused it, the Penalty Petition Continues even if it's Paid before the Hearing. It's then up to the Judge to Weigh the Evidence and the Ins. Co.'s Reason for not Paying on Time, and Make Their Decision. Total Time Here in Pa., from Start to Finish and Payment without any Delays Approx. 4 Months. Hopefully it will go Quicker for You, or They May Decide to Pay You a Penalty that Both Sides Agree Upon before the Hearing, provided You Drop the Penalty Petition. Sometimes They will do This to Keep a Black Mark Of of the Records of Your Case! Wink

Still In Limbo I've had 2 recent court decisions made.

The first one dated March 15th has been appealed by the insurance company and is before the state work comp board for them to make a decision.

The 2nd court decions dated April 1st is for reimbursement of medical bills paid, and mileage due to me. This is the one where the penalty is filed.

I would think having a penalty filed on #2 would not look good for the insurance company in the eyes of the appeals court.

The Appeals Court won't See that Issue Unless the Defense Appeals the Penalty Decision. I doubt it will get that far, They will Usually Pay and be done with it, Unless They Feel the Penalty Amount is too High. Wink

Thanks Still In Limbo.

I understand what you are saying.

Bummer Knees

Still in Limbo

Bummer Knees

Still in Limbo

Bummer Knees

Still in Limbo

Bummer Knees