When an employee is injured on the job, the worker’s top priority has to be recovering from the injury. An uncomfortable situation which can cause undue stress occurs when the workers’ comp insurance company attempts to force the injured worker into undergoing treatment that is unwanted.
Under the Pennsylvania Workers’ Compensation Act, an employer/insurer may ask a Judge to suspend the benefits of a worker dealing with work-injury if the employee refuses to undergo recommended treatment that is deemed reasonable. In determining whether a recommended treatment is reasonable, the employer must show (1) it is highly probable that the medical treatment will cure the problem; and (2) it is highly probable that the medical treatment will enhance the employee’s prospects of gainful and fulfilling employment. Luckily for the injured worker, this is a high threshold for the employer to meet. In a certain fact pattern, a PA case has held that for these purposes 50% is not “highly probable”. PA courts have gone so far to say that when surgery is involved, an 80% chance of a good to excellent result, was not enough to meet this burden. An employee may also establish, by medical evidence, that he or she is not a good candidate for treatment such as surgery due to his or her own complicating factors. Such complicating factors may include non-work-related health issues such as high blood pressure, smoking, obesity, diabetes, and psychiatric problems.
If you are injured on the job, recovering from your injury must be your top priority. You should accept medical treatment to improve your health, not because you are concerned that refusal to undergo treatment would result in loss of your workers’ compensation benefits. If you have any questions, please feel free to call us and we will provide the answers free of charge.
