Notice of Ability to Return to Work in Pennsylvania Workers Comp Claim

Tim Kennedy is certified as a specialist in the practice of Workers' Compensation law by the Pennsylvania Bar Association's Section on Workers' Compensation Law as authorized by the Pennsylvania Supreme Court

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        When a Pennsylvania Workers Compensation claimant receives a Notice of Ability to Return to Work he has every reason to be concerned about his benefits, but all is not lost. So long as the right to benefits is already secure (such as where there is a binding Notice of Compensation Payable on file with the Bureau), the employer and insurer will almost certainly need to go to court to show that the medical opinion supporting the Notice of Ability to Return to Work is valid. If you and your doctors disagree with the insurance carrier's notice, you need to contact a lawyer and you need to fight for your rights.

        Many callers are concerned that the Notice of Ability to Return to Work means they will immediately lose their benefits or that they will be forced to return to work even where they do not feel capable, or even where their treating doctors have advised against going back.

        In reality, the Notice of Ability to Return to Work is something of a technicality, and may be way out of step with the other medical evidence in your claim. The insurance carrier and employer are bound by the Workers' Compensation Act to give an injured worker prompt written notice when they receive medical evidence that the worker has been cleared for work in any capacity. Often, the Notice of Ability to Return to work follows on the heels of an Insurance Medical Examination ("IME," falsely referred to by the insurers as an "independent" medical examination), where the insurance carrier hand-picked the doctor, gave him exactly what information they wanted him to use, and gave him plenty of time to prepare a report reflecting exactly the position they wanted "medical evidence" to prove. Meaning a release to either light duty or full duty, based on the most narrow view of the work injury the insurance carrier could justify.

        Not only is it required that the employer and insurer give prompt notice, but, in fact, providing you with a Notice of Ability to Return to Work is a prerequisite for the employer's filing of a "suspension" or "modification" petition to stop or reduce your workers' compensation benefits. Odds are, such petitions will be coming your way very soon.

        But where the source of the evidence clearing you to return to work is an IME, or other insurer-referred medical specialist, you may already have treating doctors who disagree. At a minimum, if you act promptly, you will have a right to protest the opinions and conclusions of the insurance company doctor. If you have only treated with insurer-referred or insurer-approved medical providers, you will have a much tougher time, but even if this is the case, your immediate action in calling for help will allow you time to create a response that protects your rights.

        In most cases, the carrier will have to file a petition with a Workers' Compensation judge in order to legally change your right to benefits. You will then need a lawyer to present your testimony and trial witness testimony from your supporting medical expert. A competent attorney should be able to take steps to keep your compensation benefits flowing through the litigation. Some firms, like the Law Offices of Timothy Kennedy, will also advance the substantial costs for the doctors' testimony, court reporters' transcript charges, and the other costs of the expensive litigation that is likely soon coming. Typically, that kind of litigation will take from nine months to upwards of a year, during which time your time your attorney will be poking holes in the arguments and evidence advanced by the insurance company and fighting back with evidence supporting your claim.

        It is important to contact our firm, or another competent workers' compensation firm, as soon as possible after receiving a Notice of Ability to Return to Work. In fact, it is far wiser that you call well before your claim reaches that stage, such as at the first suggesting you are to be sent for an IME, for example. The sooner you call us, the sooner we can give you advice and insight to build up the strength of your claim and make it difficult for the employer and insurer to move beyond the notice stage to the actual point of either pushing you back to work you may not be ready for, or cutting off your benefits based on how you respond to an offer of work or a labor market survey.

        Call Tim Kennedy today at 484-453-8144 to discuss how we can protect and advance your rights. Call now, before the insurance carrier begins making further moves that can harm your rights and weaken your case.

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CLIENT TESTIMONIALS:

I had a serious work related injury. I hired Tim after speaking with him and feeling completely at ease with his professionalism and demeanor. My case became complicated over time. Throughout the process I always felt that Tim had my best interest in mind. With every phone call or email, Tim was very informative and proactive, always explaining things in a way I could understand. He worked hard for me in his dealings with my employers insurance company. He did this so much so, the insurance company actually fired their own attorneys in the middle of litigation. In the end, Tim was able to negotiate a substantial settlement, including taking the burden off of me of an excessive amount of unpaid medical bills. I would highly recommend Tim.
                - B (Workers Compensation client)

"I" truly, Love / Respect and Appreciate - "Attorney: Timothy James Kennedy" for, his (highly, professional / unselfish {going, above and beyond} / highly, dedicated) approach in working with, me / my, un-fortunate circumstance(s) and my (unfortunate), legal dilemma... and, will (with; every, opportunity) be highly, recommending his legal services to (all) family / friends and strangers found in-need of such, ser-vices!!!
"Attorney: Timothy James Kennedy" is (not, only) a, true professional -He is a, loving / caring / sharing human being who (not, only) cares about his, cases and reputation; but, cares (also) for the lives and the families of those he so-caringly and so-humbly, represents!!!
He will (always) be appreciated and will never - ever - be, forgotten. "I" (on, behalf of myself and my, family) appreciates the fact that, He was willing to stop-by and become, "The Good Samaritan" in our, lives!!!
                - Michael (Workers Compensation Client)

Timothy is a really great lawyer. He knows what to do, and how to handle really sticky situations. When I first came to him, I had very little to back me up, but we mainly him lol pulled through and got the job done with GREAT results. If I could back in time I would still pick him as a lawyer 1000 times more. He took his time, talk to me like I was a person and not a dollor sign, and made lawyer jargon understandable english for me. I truely felt comfortable with him handling my case, and I never doubted him since the very first meeting. I also like that he gives his personal direct number to get in contact with him whenever you may need him, and he always responds if not that same day, the very next. The only bad thing I would have to say is its a shame I would have legal trouble to work with him again lol.
                -Trina (Workers Compensation Client)

Highly knowledgable in the law with excellent people skills..I highly recommend Mr. Kennedy.
                - Current Workers Compensation Client

As these testimonials reflect, we work very hard to satisfy our clients and to ensure the best results in handling their claims. Call us now to let us explain how we can help you advance your rights and interests, so that you too can become a satisfied client.
                -Tim Kennedy
                (484) 453-8144

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