sold out or not???

[malski]

Still in Limbo Wrote:Mr Belt is a Specialized Attorney that Practices w/c Law in Pa. I'm in Pa. also, and I'm Very Satisfied with My Attorney, and Mr. Belts Answers are usually right in Line with My Attorney! His Advice is Sound, I think that's Why 1171 left the Reply that they did. If You are not Satisfied with your Attorney's Decision, try and have a Set Down Appt. with them and get the Issues Resolved. If You can't get them Resolved, You may want to think of Replacing Your Attorney! I Wish You the Very Best, and My Opinion Only, I would not be One Bit Satisfied if My Attorney would have Said that to Me either!!

Still in Limbo thank you for your reply. Yes I am very impressed with Mr. Timothy Belt in fact we are e-mailing each other he ironically lives where I am How weird is that? I'm on a mission now and its all thanks to everything I have read on this board. and I beleive Atty. Belt is going to make all kinds of sense out of this mess we call WC IC
again thank you and God Bless

[jayne]

ohhhhhhhh even he is not that good cuz WC makes no sense at all

[Timothy Belt]

Ok, it is Monday, so my desk is covered with the weekend mail and varies phone messages regarding emergencies that have to be dealt with. However, I am going to take a minute to respond to this thread since I promised that I would.

I did not find the specific case I was looking for, I know it is out there, but I just didn't locate it this morning. However, the argument is "but for" the employee's initial work injury, they would not have been at this doctor and suffered the additional injuries. In other words, the employee would not have sustained the injury "but for" the employment. This argument is discussed in WCAB (Shremshock) v Borough of Plum, 340 A.2d 637 (Pa.Cmwlth. 1975). It is also discussed in regard to a motor vehicle accident suffered on route to physical therapy related to a work injury in Berro v. WCAB (Terminix Int'l Inc.), 645 A.2d 342 (Pa.Cmwlth 1994). In Berro, the additional injuries suffered in the MVA were found to be part of the work injury because "but for" the need for physical therapy in regard to the initial work injury, the MVA would not have happened.

Based upon the above, and the limited information available, it would appear that you have a good argument to expand your description of injury to include the injuries suffered from the panel doctor. The overuse injuries to the other arm would be more difficult, but worth a shot if you have the medical testimony to back it up.

From your post it appears that you are also pursuing a medical malpractice claim. You should be aware that your employer and its workers' compensation carrier may have a subrogation lien against your recovery in the medical malpractice case up to the full dollar amount that they have paid in wage loss and medical benefits. An employer is entitled to subrogation out of monies obtained in a third-party medical malpractice action where the negligent medical treatment was provided in connection with the original work-related injury.

Again, I have not had access to your file, and I would rather not second guess another attorney based upon the limited information available to me. However, if part of the WC settlement is an assignment of the subrogation lien in the medical malpractice matter, the actual amount realized would be a great deal more than the 2-3 thousand set forth on the settlement document. For example, if you have received $60,000 in wage loss benefits and another $30,000 in medical benefits, the IC would be able to assert a lien in your medical malpractice case for $90,000. If they agree to assign that lien to you as part of the WC settlement, you wouldn't just be receiving the 2 or 3 thousand, but also the right to the full $90,000 in the medical malpractice matter.

I hope this clears things up for you. If you would like a more detailed analysis of your specific case, since you are only a few miles from my office, please feel free to give me a call and set up an appointment.

jayne Wrote:ohhhhhhhh even he is not that good cuz WC makes no sense at all

[malski]

Timothy Belt Wrote:Ok, it is Monday, so my desk is covered with the weekend mail and varies phone messages regarding emergencies that have to be dealt with. However, I am going to take a minute to respond to this thread since I promised that I would.

I did not find the specific case I was looking for, I know it is out there, but I just didn't locate it this morning. However, the argument is "but for" the employee's initial work injury, they would not have been at this doctor and suffered the additional injuries. In other words, the employee would not have sustained the injury "but for" the employment. This argument is discussed in WCAB (Shremshock) v Borough of Plum, 340 A.2d 637 (Pa.Cmwlth. 1975). It is also discussed in regard to a motor vehicle accident suffered on route to physical therapy related to a work injury in Berro v. WCAB (Terminix Int'l Inc.), 645 A.2d 342 (Pa.Cmwlth 1994). In Berro, the additional injuries suffered in the MVA were found to be part of the work injury because "but for" the need for physical therapy in regard to the initial work injury, the MVA would not have happened.

Based upon the above, and the limited information available, it would appear that you have a good argument to expand your description of injury to include the injuries suffered from the panel doctor. The overuse injuries to the other arm would be more difficult, but worth a shot if you have the medical testimony to back it up.

From your post it appears that you are also pursuing a medical malpractice claim. You should be aware that your employer and its workers' compensation carrier may have a subrogation lien against your recovery in the medical malpractice case up to the full dollar amount that they have paid in wage loss and medical benefits. An employer is entitled to subrogation out of monies obtained in a third-party medical malpractice action where the negligent medical treatment was provided in connection with the original work-related injury.

Again, I have not had access to your file, and I would rather not second guess another attorney based upon the limited information available to me. However, if part of the WC settlement is an assignment of the subrogation lien in the medical malpractice matter, the actual amount realized would be a great deal more than the 2-3 thousand set forth on the settlement document. For example, if you have received $60,000 in wage loss benefits and another $30,000 in medical benefits, the IC would be able to assert a lien in your medical malpractice case for $90,000. If they agree to assign that lien to you as part of the WC settlement, you wouldn't just be receiving the 2 or 3 thousand, but also the right to the full $90,000 in the medical malpractice matter.

I hope this clears things up for you. If you would like a more detailed analysis of your specific case, since you are only a few miles from my office, please feel free to give me a call and set up an appointment.

jayne Wrote:ohhhhhhhh even he is not that good cuz WC makes no sense at all

You, Atty. Timothy Belt, are my new best friend. I cannot thank you enough, this is exactly the info I have been seeking. You are a wonderful person to take the time from your busy schedule to help someone you don't even know. God Bless you sir, and I will keep you abreast of how this new info helps me and I am sure it will. again Kudos to you

[abbay]

yeah i agree with you, The issues of medical malpractice do not usually arise immediately with respect to symptoms. In order for a medical malpractice cases to be brought, the plaintiff (patient) must have suffered some damages as a result of the actions of the defendant. In most cases, merely having a new symptom is not grounds for medical malpractice. As always, consult an attorney or professional legal adviser for advice about medical malpractice.
The most likely way for symptoms to be involved in a medical malpractice lawsuit are due to the underlying medical condition causing the symptom. However, failure to diagnose an underlying condition may lead to medical malpractice, if the undiagnosed disease causes damage, disability, financial loss, or even death (see also wrongful death lawsuits). Some common symptoms that may ultimately lead to medical malpractice include chest pain (may be a heart attack), abdominal pain (may be appendicitis), coughing (may be lung cancer or even mesothelioma), breast lump (could be breast cancer), rectal bleeding (could be colorectal cancer), and so on with numerous other possibilities...for more about it...

http://www.medical-malpractice-court-cases.com/