When might a workers’ compensation claimant who files in Pennsylvania but receives medical treatment in another state have to pay medical expenses over and above the statutory rates her medical provider receives? There appears to be a gap between the Bureau of Workers’ Compensation’s regulations, which indicate that the answer is “never,” and the information available on the bureau’s website’s frequently asked question link, which states that the answer is “sometimes, maybe.”
We’ll use a hypothetical to examine the situation. Claimant Jane lives in New Jersey and works in Pennsylvania as an assistant manager of a popular Center City cosmetics store, Gloss House. While working a shift, Jane was on a step stool arranging a display of giant lipsticks representing the hot new shades for spring: Fabulous Fuchsia, Caramel Coral and Think Pink. Jane had the lipsticks set up in a column and was ready to attach them to each other when she realized that the top seller, Think Pink, was unevenly placed. She reached up to adjust it, lost her balance, and fell off the step stool onto the floor. Fabulous Fuchsia, in the middle, toppled over and cut Jane’s hand deeply with a swipe of its metallic casing.
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