The Employer Has Filed a Petition To Stop Your Workers’ Compensation – What Does This Mean?

Why Employers File Termination Petitions

Many injured workers receive workers’ compensation benefits for months or even years after a work injury.

During that time, the insurance company may schedule an Independent Medical Examination (IME) with a doctor of its choosing. If that doctor concludes that you have fully recovered or that your ongoing symptoms are unrelated to the work injury, the employer may file a Termination Petition.

A successful Termination Petition can allow the insurance company to:

• Stop wage-loss benefits
• End payment of medical treatment
• Close the workers’ compensation claim

Receiving a Termination Petition can be stressful, but it is important to remember that the employer must prove its case before benefits can be terminated.

The Employer Has the Burden of Proof

One of the most important things to understand about a Pennsylvania workers’ compensation Termination Petition is that the burden remains on the employer.

The employer must prove through competent medical evidence that:

• You have fully recovered from the accepted work injury; or
• Any ongoing disability is unrelated to the work injury.

You do not have to prove that you remain injured. Instead, the insurance company must convince a Workers’ Compensation Judge that your disability has ended.

Because disability is presumed to continue after an accepted work injury, this can be a difficult burden for the employer to meet.

Independent Medical Examinations and Full Recovery Opinions

Most Termination Petitions begin with an IME.

The IME doctor is selected and paid by the workers’ compensation insurance company. After examining you, the doctor may issue a report stating that:

• You are fully recovered
• You can return to unrestricted work
• You no longer need medical treatment
• Your current symptoms are unrelated to the work injury

Many injured workers are surprised when an IME doctor reaches conclusions that differ significantly from their treating physicians.

Your treating doctor may play a critical role in challenging these opinions and defending your benefits.

Termination Petitions Based on New Injuries or Medical Conditions

Sometimes an employer argues that a worker’s ongoing symptoms are the result of a new injury, accident, or unrelated medical condition.

In these situations, the employer may claim that the original work injury is no longer causing disability.

To succeed, the employer must present medical evidence showing that an independent cause exists and that the accepted work injury is no longer responsible for the worker’s condition.

What Is a Supersedeas Request?

Along with a Termination Petition, the employer may request what is known as a supersedeas.

A supersedeas request asks the Workers’ Compensation Judge for permission to stop wage-loss benefits while the litigation is pending.

The employer must prove that it is entitled to this relief.

In many cases, injured workers continue receiving benefits while the Termination Petition is being litigated.

The Workers’ Compensation Litigation Process

After a Termination Petition is filed, the case is assigned to a Workers’ Compensation Judge.

The litigation process may include:

• Hearings before the judge
• Medical record submissions
• Depositions of the injured worker
• Depositions of medical experts
• Testimony from treating physicians
• Legal briefs submitted by both parties

The judge will review all evidence before deciding whether the employer has met its burden of proof.

Why Your Treating Doctor Is Important

One of the strongest pieces of evidence in a Termination Petition case is often testimony from the treating physician.

Unlike the IME doctor, who may have examined you only once, your treating doctor has typically followed your recovery over an extended period of time.

Their testimony may help establish:

• Ongoing symptoms
• Continued disability
• Work restrictions
• The need for additional treatment
• The relationship between your symptoms and the work injury

This evidence can be critical when defending against an attempt to terminate benefits.

What Happens If the Employer Wins?

If the Workers’ Compensation Judge grants the Termination Petition, workers’ compensation benefits may end.

Depending on the circumstances, this could include:

• Wage-loss benefits
• Future medical treatment
• Other workers’ compensation-related benefits

Because the consequences can be significant, it is important to respond quickly when a Termination Petition is filed.

Talk to a Pennsylvania Workers’ Compensation Lawyer

If you received a workers’ compensation Termination Petition, do not assume that your benefits will automatically stop. The insurance company must prove that you have fully recovered from your work injury, and many Termination Petitions can be successfully challenged with the right medical evidence.

At Stern & Cohen, we regularly defend injured workers against Termination Petitions throughout Pennsylvania. We understand how insurance companies use IME reports to try to stop benefits and know how to build strong cases to protect our clients’ rights.

Contact Stern & Cohen today for a free consultation.

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