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Pennsylvania statute of limitations
#1
what if you were considered permanently totally disabled from IRE and you didn't want to settle your claim at this time.  you had a lawyer that you found through your union. 2 years in a row you had your IME done by the same guy who said you were able to go back to work at a sedentary position. you got a letter from your employer stating for you to go back to work. the first time your lawyer said to throw the letter away stating to return to work. but the following year you get the return to work letter you ask your lawyer should I just throw it away like last time. She says well they could fire you if you don't go back and at least try it. so I did and after the first day I  cdouldn't do it like I knew I couldn't. so I called off till further notice.
         That was Jan 6th 2014. I was to be getting paid $15 a week less working than I was getting when off on work comp. So I had to take them to court because all I was getting paid after that one day at work was the $15. The hearing went really good in my favor and the judge was supposed to make a decision whether she thought I could have done the job or not. well after not hearing anything for a month I ask my lawyer what's up and was told either she has a lot of cases to go over or she thinks I could have done the job and is giving me a chance to settle. well I figured I may as well settle and get my 500 weeks of comp which I figured would be $350000  700x 500, day before settlement I met with lawyer only to find out my 500 weeks would be based on the $15 (my new claim as my lawyer put it.
          I think I was set up with the whole thing, is there anything I could do. or is it too late. settlement was 6/1 /2014. I ended up settling for 100000 . it was about how much I would have made if I was off for the whole 500 weeks. I am almost ready for bankruptcy as I can hardly walk any more. Comp just approved one of those electric wheel chairs for me as I cant go anywhere without one. I still have one child left in college.
 
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#2
If I understand what you are asking correctly, you want to know how long you have to appeal the 6/1/2014 decision approving the Compromise and Release Agreement that settled the wage loss portion of your workers' compensation claim. Assuming that is the question, the appeal period is 20 days. At this point, the workers' compensation carrier would not have any ongoing obligation for workers' compensation wage loss benefits. You appear to have ongoing medical benefits which could continue for the rest of your life. Depending on the language used in the previous compromise and release you may or may not be able to expand the description of injury beyond what is set forth in that document.
Timothy D. Belt
DISCLAIMER: This post is intended as general information applicable only to the state of Pennsylvania. The answer given is based only on the facts provided. This post is not intended to create an attorney client relationship, or to provide any specific guarantee of confidentiality.
 
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