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Settlement in PA?
#4
You pretty much listed the next possible steps. You can attempt the job and see how that goes. If you do, your wage loss will either be reduced or suspended based upon actual earnings and depending on how long you return and the steps taken by your employer, the burden of proof could change for future disability. If your doctor does not approve the job, you can refuse to attempt it. If you do this, your employer would have to file a petition and demonstrate that the job is physically appropriate. If they are successful, your wage loss would be reduced or suspended and you could be saddled with a bad faith finding which would follow you in future petitions. Furthermore, if you do not attempt the job, your employer is free to present witnesses who can claim the job could have been modified further, and you would have no way to dispute that testimony since you did not go. You could walk away and get nothing but have the matter over, or you could try to settle. Settlements are voluntary in PA and both sides have to agree on a number. If either side is unwilling to settle, or if an agreeable number can not be reached, the case does not settle.

The matter is very involved, so as 1171 said, you really need to sit down with your lawyer and go through the possible outcomes.
 
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Messages In This Thread
Settlement in PA? - bandj - 09-15-2011, 01:53 PM
RE: Settlement in PA? - 1171 - 09-15-2011, 03:54 PM
RE: Settlement in PA? - Timothy Belt - 09-16-2011, 09:55 AM
RE: Settlement in PA? - Timothy Belt - 09-16-2011, 09:55 AM

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