Question My Stepfather was working for a company whose head office is based out of Pennsylvania. A large part of the job became travellng and during a business trip while in Texas he suffered a physical injury to his shoulder. To make things more complicated it was this incident that triggered a preexisting mental health issue. The physical injury proceeded to spark a mental health episode that has left him unable to work. He was accomodated at first and was allowed to work from home but the company has now said that if he is going to perform light duty work it needs to be in Pensylvania. ( he has been seeing a psychiatrist in Florida since the accident date and has been diagnosed with bi-polar 2) He is being treated for both the physical and mental health injuries in Florida. HE HAS YET TO RECIEVE ANY BENEFITS. The other complication is that he is a permanent residence in Florida. Which state is responsible for the workers compensation? I am concerned that it is detrimental for it to be Florida. Firstly because the accident did not happen in Florida and secondly, as a state they do not recognize mental health work related issues. So does that default to Texas or Pensylvania? If so does he have to leave the state of Florida to continue treatment if the WC case is opened in a different state? Also this claim is more than 90 days old and with no funds they are looking at forclosure on their home. None of the profesionals want to take responsibility for the Workers Comp and have tried to say it should be opened in the opposing state. At one point they made him Fly to Pensylvania to see the doctors. He has now obtained council in Florida but it appears they too are very confused. This is crazy and deeply concerning and I look for any information you may have to help.
Respectfully,
Jenni
Answer I would take this to an attorney to see what they think. They can not force a move and even if he is terminated the medical is still covered. He should also receive a impairment rating for his injury. I can not say what state covers this incident but an attorney will be able to figure out the legality behind it. I'm sorry I could not help with this.
