Q: What if the employer wants me to come back to work or offers me a job with another employer?

A:

If your doctor, or a doctor selected by the employer, has opined that you can return to modified employment, and they offer you a job that fits the physical restrictions set forth by the doctor, and you are otherwise capable of doing the job (i.e., they cannot say you could be a brain surgeon if you don't have those qualifications) then there are two alternatives.

 First, if your own doctor has approved the restrictions, you have little choice but to return to the job, or at least attempt to try the job.  In Pennsylvania, the job does not have to be the same hours or the same rate of pay.  They do have to pay the two thirds of the difference of any reduce wages, however.  For instance, if your average weekly wage was $600 per week, and the new job pays $300 per week (even if it is more hours per day) you would be entitled to $200 in workers' compensation benefits.

Secondly, if the employer's doctor has released you to return to work and your doctor disagrees, then you can contest the job offer, and there will be litigation over that issue.  You will need an attorney to represent you during this process.   

The Monahan Law Practice
300 North Pottstown Pike
Suite 210
Exton, PA 19341-2233

Phone: (610) 363-3888
Fax: (610) 363-2429