Darla injured her neck at work. She had surgery and was out of work for about six months. Darlas niece, Lisa, lived in an apartment above Darlas garage. Lisa was studying to be a nurses aide. From time to time, Lisa would help Darla by running her errands, sweeping her floors, and doing some other housework. Lisa would also visit with Darla, would sort out her prescriptions and would help her to get more comfortable while she was convalescing. Darla decided that Lisa should be paid for her efforts so she had Lisa draw up a bill for the services she performed for Darla. Darla then asked her attorney to submit the bill to the workers compensation carrier. Question: Will the workers compensation carrier be responsible to pay Lisas bill? Answer: Probably not. While Lisas services that involved Darlas prescriptions and helping Darla to get more comfortable could possibly be construed as a form of medical treatment, the services do not arise to the level of a compensable medical treatment. The compensation carrier will be responsible for the payment of medical treatment which is reasonable, necessary and realted to a work injury. Another requirement is that the treatment be prescribed by a physician. Pennsylvania courts have held that nursing services that were provided by a family member will not be reimbursed when they were not prescribed by a physician. If you’ve suffered a work injury and have questions about your claim, contact me at tcummings@dlplaw or call (570) 347-1011 for a free consultation. Disclaimer: The above article is for instructive purposes only and each case is fact sensitive. Consultation with an attorney should be obtained instead of reliance upon the legal issues discussed in this column.
Posted on: Wed, 22 Jan 2014 14:25:44 +0000