Harrisburg Workers Compensation Attorney
Call now to Speak to an Attorney 717-238-1657

Can an Employer Force an Injured Worker to Have Surgery

Can an Employer Force An Injured Worker to Have Surgery

Question:  Can an Employer force an injured worker to have surgery or some other medical treatment?
Answer: The Employer can never force you to obtain medical treatment but in limited circumstances the Employer can stop your wage loss benefits if you refuse reasonable medical treatment.

The key question here is whether the treatment is reasonable, and Section 306(f.1)(8) 77 P.S. § 531(8), lays out the key factors in determining whether or not medical treatment is reasonable. The courts have considered:

(1) whether it is highly probable that the medical treatment will cure the problem, and
(2) whether it is highly probable that the medical treatment will enhance the employee’s prospects for gainful, fulfilling employment.

Further, the courts have also held that the employer has a burden to establish that the treatment was reasonable at the date of the physician’s deposition. Finally, it has also been held that the reasonableness of an employee’s refusal to undergo treatment is relevant in determining whether or not the surgery would be reasonable. The reasonableness of the refusal is to be determined on a case by case basis. Also, there is case law that supports that when an insurer cancels the proposed medical procedure prior to its scheduled date, the employee cannot be found to have refused the treatment and its benefits cannot be suspended. Vitech Corporation v. WCAB Rozanc, 854 A. 2d 481 (PA 2004).

Call our office at 717-238-1657 or toll free at 866-632-0348 for a free consultation.

Ira H. Weinstock, P.C. is located in Harrisburg, PA and serves clients in and around Southeast Pennsylvania. Contact our experienced Harrisburg attorneys today, we can travel if necessary.

800 North 2nd Street, Harrisburg, PA 17102
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation.
This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

No content on this site may be reused in any fashion without written permission from www.paworkerscompensation.law.
Managed by MileMark Media

© 2015 - 2017 Ira H. Weinstock, P.C., Attorneys at Law. All rights reserved.
This law firm website is managed by MileMark Media.

Contact Form Tab