What is neurological examination?

Asked in Philadelphia, PA , on Jun 13, 2014

I would like to know what is independent neurological examination ask by insurance company. What to expect and should I get a lawyer. I have cervical injury and I torn my right rotator cuff. I am currently receiving benefits from WC. A friend of mine read that most herniation happen in lumbar not cervical spine. I am 51 years old, worry about my future.

Answered on Jun 13, 2014

I am guessing you will have a difficult case, not necessarily because of whether it is compensible but because of the mix of should and cervical injuries. You should talk to an attorney about all of these issues because the mix of injuries could give the company an opportunity to deny you claim or not accept all of the conditions you now suffer from. These conditions could effect your future earning capacity. You definitely need someone to manage the claim and make sure you are treated fairly. The insurance company is not in the business of just paying claims. Good luck.

Will applying for a small business tax id number affect my unemployment?

Asked in Downingtown, PA , on Feb 8, 2012

I am currently collecting unemployment due to a seasonal layoff, I will be called back to work in the spring. I would like to start a small home-based baking business and require a tax id# for this. If I register this business, will it affect my unemployment?

Answered on Feb 13, 2012

That is probably not enough, but under todays circumstances where it is so difficult to get and stay on UC benefits, I would be careful with how far you go. If someone takes steps toward self employment after they started received unemployment, such as by renting a building etc, they could become disqualified from receiving unemployment benefits. 43 P.S. 802 (2010); Voltz v. Commonwealth, 476 A.2d 492 (Pa. Commw. 1984).

Moreover, those who actively continue to receive benefits or conceal their self-employment could be liable for fault overpayments for the amount they improperly received if there is no mitigating factors for failing to disclose the self employment. Id. However, if the overpayment was not fault based, it may simply be recouped from future unemployment payments and not be required to payed back separately. 43 P.S. 874 (2010).

If someone is a self employed business person and their business fails, they would probably not be entitled to unemployment. Morelli v. Commonwealth, 434 A.2d 1332 (Pa. Commw. 1981).