Moving?

[nursedina]

I have an open WC case in PA. I have had 3 back surgeries, and am followed by a WC attorney. My employer keeps pushing me back to work, and we keep fightingit as I can not do any employment at this time.
I have court coming up as the IC filed a petition because I did not take a job when the IME doc said I could work. My PM wrote a follow up letter stating that I can not work. So...I await court.

My question is: we have a fantastic opportunity to move out of state to North Carolina. Not only is the weather better for me - PA is hard on my back and joints with this weather, but there are other opportunities for my family. We are going to lose our house due to foreclosure ( thanks to WC) and we are being offered a beautiful home for free ( my boy friends parents are giving us their house until we get on our feet).

Am I allowed to move? What happens when I do since I am still technically "employed" by my employer - (after 3years they still pay their portion of my benefits etc) .do I quit?

Any advice would be appreciated!

[Timothy Belt]

Talk to your lawyer ASAP. There are many cases addressing this issue and they are all very fact specific. Depending on the reason for your move, it could be treated as a voluntary removal from the work force which would suspend your wage loss or it could be considered a financial necessity that does not impact your benefits. You need to handle this matter very carefully to avoid possible suspension, and the only way to do that is to have your lawyer actively involved in every aspect of the decision making process.

[nursedina]

Thanks Tim. I don't understand why it would be considered removal from the workforce? I will talk to him, or I will put a stop to my plans right now as to not impact my benefits. I don't want to jeopardize my benefits at all.

Seems unfair that I will not be able to move or get on with my life as long as I involved with WC. What if the case never gets settled ( which is a very high probability due to the fact that insurance comp rep said that " they don't like to settle cases") ? I have to stay in an area that I don't want to live and is worse on my health because of this? I actually have to live here for the next 10 years? Omg..this sucks.

(03-24-2011 09:30 AM)Timothy Belt Wrote:  Talk to your lawyer ASAP. There are many cases addressing this issue and they are all very fact specific. Depending on the reason for your move, it could be treated as a voluntary removal from the work force which would suspend your wage loss or it could be considered a financial necessity that does not impact your benefits. You need to handle this matter very carefully to avoid possible suspension, and the only way to do that is to have your lawyer actively involved in every aspect of the decision making process.

[NeoWHITE]

It is really hard to move

[nursedina]

this sucks. i am stuck in PA forever because they wont settle and i can't work? seriously? ugh. i will call my lawyer this week. they can not make me stay here. I'm a free human being, ugh...wtf?

[Cervical_Fusion]

Yes a human being, but under WC control and games.

[Bummer Knees]

I am friends with a couple of injured nurses on this forum, Body Builder is one.

Hospitals seem to be one of the worst places to work when injured on the job.

Just my thoughts.