Save my honeymoon!

[EddieF]

Jurisdiction

Pennsylvania

I'm a truck driver in PA. My fiancee and I have had longstanding plans to spend this winter back in her native country getting married and taking a 3 month honeymoon we've been saving for. Already gave notice to my employer that my last day will be 12/1. I've got a flight booked out of the country on 12/2.

I was out of work for 6 months earlier this year with a torn ligament in my left knee. Came back to work in September, looked to be fully recovered. Now, just a few weeks before leaving, I started experiencing pain in my left ankle and am back on worker's comp. Unclear if its related to the knee or a new injury, but the doc wants me in a walking boot, and I can't drive a truck with it on. Two weeks of rest doesn't seem to have done anything. Awaiting MRI results.

Postponing the trip to stay here and get the ankle fixed isn't really an option; not only would we be out thousands on cancelled flights and wedding plans, but so would other people who've already booked flights to come to the wedding (12/30). Getting Insurance-company-approved medical care in her country is not likely either.

What is my situation with worker's comp, legally? I told the insurance company that I'd already given notice to my employer to be leaving 12/1, and they said that didn't matter and that I'd be getting paid worker's comp "until you are cleared to return to work." But I was not planning on even trying to return to work until I get back in March and look for a new job.

I'm assuming they're not just going to keep sending me checks all winter until I next pass a DOT physical, and I'm assuming that worker's comp is contingent on me going to my physical therapy or checking in with a doctor or something. And that's fine, but on the other hand, I'm also very fearful of waiving my rights and saying I no longer have a claim in the event that this turns into some sort of lingering issue. What is my legal situation and what are my options?

Thanks!

 

[army judge]

What is my legal situation and what are my options?

The attorney you Hire on RETAINER is the only person able to answer that question.

Anonymous internet entities are best shunned and avoided if a person seeks REAL legal advice and counsel.

 

[cbg]

A workers comp claim, once accepted, is not contingent on your continued employment and will survive your leaving your current employer.

 

[adjusterjack]

I think he's more concerned with the time he will spend on his 3 month honeymoon when he may not be in compliance with the WC requirements.

 

[EddieF]

Thanks to all for the feedback.

I think he's more concerned with the time he will spend on his 3 month honeymoon when he may not be in compliance with the WC requirements.

Yes, this is it exactly. If I stop going to doctor's appointments, I'm assuming that means I waive any future claims if this thing lingers?

 

[cbg]

When you called your workers comp carrier and explained your situation, what did they tell you?

 

[adjusterjack]

Yes, this is it exactly. If I stop going to doctor's appointments, I'm assuming that means I waive any future claims if this thing lingers?

I can tell you that claim reps are, by nature, a suspicious breed. Having a new condition two months before a three month vacation raises my eyebrow.

If you are not available for three months to document your continued disability it's possible that you could lose the weekly checks.

Get the results of the MRI and have a discussion with your claim rep. If it's a condition that can be expected to take several months to heal you might be OK with the benefits.

Again, no way to predict.

 

[EddieF]

I can tell you that claim reps are, by nature, a suspicious breed. Having a new condition two months before a three month vacation raises my eyebrow.

If you are not available for three months to document your continued disability it's possible that you could lose the weekly checks.

Get the results of the MRI and have a discussion with your claim rep. If it's a condition that can be expected to take several months to heal you might be OK with the benefits.

Again, no way to predict.

Oh, I'm assuming I won't get the checks. I think it would be wrong of me to take them anyway. I'm just concerned about the possibility of long-term problems.

I'll get the results of the MRI Monday, will find out then. I tend to think it is related to the earlier injury. We'll see.

 

[adjusterjack]

I think it would be wrong of me to take them anyway.

I disagree. If the injury is serious enough, and work related, you'd be entitled to the benefits.

Come back here with the MRI results and the prognosis.

I'm just concerned about the possibility of long-term problems.

Problems with the leg? Yeah, if you go without treatment for 3 months that could certainly exacerbate the injury.

What country and city are you going to?