What to Do If Medical Treatment Is Denied by Workers’ Comp in Pennsylvania

In Pennsylvania, the workers’ compensation system provides injured employees with coverage for necessary medical treatment. However, insurers sometimes deny medical care, leaving injured workers uncertain about their rights and next steps. 

If your treatment has been denied, you may still have legal rights and options. By understanding these steps, you can effectively challenge a denial and fight to receive the necessary medical treatment for your work injury under the Pennsylvania workers’ compensation system.

Identify Why the Treatment Was Denied

First, you should determine the stated reason for why your medical treatment was denied. Insurance carriers may reject treatment for a number of things, including a belief that care was not medically necessary, unrelated to your work injury, or outside approved treatment guidelines.

Pennsylvania uses a utilization review (UR) process to evaluate whether specific medical care is reasonable and necessary. If your employer or insurer requested a UR, a reviewer may have concluded that your treatment does not meet required standards. Carefully review any written denial or UR determination.

Review Your Approved Injury and Treatment Plan

Workers’ compensation benefits in Pennsylvania are tied to the accepted work injury described in your claim. If your employer has only accepted a limited description of your injury, treatment for related conditions may be denied.

For example, suppose your injury was recognized as a “shoulder strain,” but your doctor later diagnoses you with and treats you for a rotator cuff tear. In this case, the insurer may reject treatment for the more serious condition. 

You may need to expand the recognized injury through a formal legal process before coverage for additional treatment will be approved. You should also confirm whether you are receiving treatment from an approved healthcare provider. Pennsylvania allows employers to require injured workers to treat with designated providers for the first 90 days. Treatment outside this network during that period may be denied.

File a Petition to Challenge the Denial

If your treatment is denied, you typically have the right to challenge that decision by filing a petition with the Pennsylvania Bureau of Workers’ Compensation. 

A petition to review medical treatment is commonly used to contest a UR determination. This allows a workers’ compensation judge to evaluate whether the treatment is reasonable and necessary, rather than relying on the reviewer’s word. 

If the denial is based on the insurer disputing the injury, you may need to file a petition to expand the recognized injury description. Here, your case will be assigned to a workers’ compensation judge, and you will have the opportunity to present evidence, including medical testimony.

Gather Strong Medical Evidence

Medical evidence is critical in any workers’ compensation dispute. You should work closely with your treating physician to obtain detailed reports explaining why the denied treatment is necessary and how it relates to your work injury.

In many cases, your doctor may need to provide a written opinion supporting your claim. The stronger and more specific your medical documentation, the better your chances of overturning the denial.

It is also important to follow all prescribed treatments and attend scheduled appointments. Gaps in care or noncompliance can be used by insurers to justify denying further treatment.

Challenge Independent Medical Examinations

Insurance companies often rely on Independent Medical Examinations (IMEs) to support their denial of treatment. These exams are conducted by doctors selected by the insurer, and their opinions can carry significant weight.

If an IME report contradicts the opinion of your treating physician, your attorney can challenge its credibility and highlight inconsistencies. 

Consult a Harrisburg Workers’ Compensation Attorney at Marzzacco Niven & Associates Today

Navigating a denied medical treatment claim often requires experienced legal representation. An experienced workers’ compensation attorney can evaluate your case, file the appropriate petitions, and represent you in all hearings related to the matter. 

A Harrisburg workers’ compensation lawyer can also help you determine whether you have additional claims, such as wage loss benefits or penalties for improper denial. Contact Marzzacco Niven & Associates to schedule a free consultation to understand your rights and legal options.

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