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Grounds for Modification of Benefits
Your employer or its insurer may seek to modify your benefits if your disability status changes. If you are receiving total disability compensation, your employer or insurer can request an impairment rating evaluation (IRE) within 60 days of the 104-week anniversary of the start of your benefits. If the evaluation shows that you have an impairment rating of less than 50 percent, your status will change to a partial disability. You will then only be entitled to a maximum of 500 weeks of benefits.
Your benefits may also be modified if you have recovered from your injuries or illness enough to return to work in any capacity. The employer may offer an injured worker a job the employer feels is physically and vocationally appropriate for the injured worker to perform. Or, the workers compensation insurance carrier can have the injured worker evaluated by a vocational counselor to determine the earning power of the injured worker. In either scenario, the employer and the workers compensation insurance carrier will be trying to modify the benefits of the injured worker.
PearsonKoutcher, LLP, Defends Against Benefit Modification & Termination
When a petition to modify or terminate your benefits is filed, including a Notice Stopping Payment of Temporary Compensation Benefits, it is imperative that you waste no time contacting an experienced Workers’ Compensation lawyer to assist you in defense of the petition. Preserving your rights to benefits if you are still injured and unable to return to work requires immediate action. The workplace lawyers of PearsonKoutcher, LLP, have assisted countless clients throughout Pennsylvania and the surrounding areas, to defend against unjust attempts by insurance carriers to modify or terminate Workers’ Compensation benefits. If you are concerned that your benefits may be modified or terminated, or if you have already received a notice of a petition to do so, contact our office as soon as possible to protect your rights under the law.