Koutcher Wins Petition to Reinstate Compensation Benefits After Termination of Benefits in a Prior Decision
Philadelphia worker’s compensation lawyer Jonathan B. Koutcher, of Pearson Koutcher, LLP won a decision where his client’s benefits were reinstated. Importantly, the client’s benefits for the same accident and injury had previously been terminated in a prior decision for the same accident. As previously reported, benefits can be reinstated following the entry of an order terminating benefits provided the injured worker proves a change in his physical condition by precise and credible evidence of a more definite and specific nature than that upon which initial compensation was based. The change must also be shown to have occurred after the date of the injured worker’s total physical recovery.
The injured worker in this case had a wrist injury. After the prior decision terminating the injured worker’s benefits, the injured worker had wrist surgery. The employer argued that the diagnosis and reason for the surgery was different than the original accepted injury. The judge rejected this argument and expanded the description of injury in addition to finding that the injured worker’s disability again recurred following the surgical procedure.
The injured worker is entitled to receive 15 months of retroactive benefits, and can now receive ongoing wage loss benefits and treatment for his injured wrist.
Jonathan B. Koutcher, Esquire
Email Jon: [email protected]