Workers' Compensation Questions & Answers by State

Workers' Compensation Questions & Answers

Q: Do I have to keep updating a workers compensation carrier of my appointments and progress in PA?

1 Answer | Asked in Workers' Compensation for Pennsylvania on Jan 28, 2015

Answered on Jan 30, 2015

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Timothy Belt's answer
The carrier has a right to medical information required for billing purposes. They do not have a right to contact your doctor for additional information unless you sign an authorization. They do not have a right to send a nurse case manager to talk to your doctor. However, just because they do not have the right to do something does not mean that they will not do it anyhow.

If you want this to stop, hire a lawyer to withdraw all authorizations and send all future callers to him.

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Q: Can my lawyer settle a workers comp case without me present?

1 Answer | Asked in Workers' Compensation for Ohio on Jan 28, 2015

Answered on Jan 28, 2015

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Matthew Williams' answer
If you give your attorney authority to enter into a settlement arrangement, he or she should be able to settle a case on your behalf. You may be required to sign some documents, but that can be done through the mail.

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Q: In Florida, is workers comp ins. required for a non-construction employer whose employees drop to under 4 employees?

1 Answer | Asked in Workers' Compensation for Florida on Aug 19, 2014

Answered on Jan 27, 2015

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Robert Jason De Groot's answer
This is probably not going to be answered by a worker's comp attorney, you need to actually confer with one.

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Q: the amt of wks pd for % of MMI does that go by ea incident or by ea year

1 Answer | Asked in Workers' Compensation for Florida on Sep 4, 2014

Answered on Jan 27, 2015

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Robert Jason De Groot's answer
You will have to go see a worker's compensation attorney to get this answered.

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Q: I've been out on comp for 2 months everything was fine but i got a call today from the case nurse manager and she wants

1 Answer | Asked in Workers' Compensation for Rhode Island on Dec 3, 2014

Answered on Jan 27, 2015

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Bernard P. Healy's answer
It is not unusual for the Workers Compensation Insurer to assign a nurse practitioner to an injury case like your. Sometimes the nurse practitioner can be helpful. Always keep in mind that she is an agent and probably an employee of the insurer. The practitioner's ultimate loyalty will be to the insurer.

You dont have to agree to the practitioner's involvement in the case. The company has no right to have her involved in your case. If you initially agree to her involvement you can...

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Q: Can I request to see the judge concerning my workman comp case?

1 Answer | Asked in Workers' Compensation for Georgia on Jan 25, 2015

Answered on Jan 27, 2015

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Kirby G. Smith's answer
This is a question you should ask your attorney.

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Q: How long does it take for the Bristol. Workers comp judge to render a decision. In a claim partition Liagation complet

1 Answer | Asked in Workers' Compensation for Pennsylvania on Jan 22, 2015

Answered on Jan 22, 2015

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Timothy Belt's answer
There is no set time period for a judge to issue a decision. It depends on a number of factors including the judge's current case load and the complexity of the issues being considered. As a general range, most decisions are received within 2 to 6 months after the submission of briefs. If you want a more accurate estimate, I would suggest that you ask your lawyer.

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Q: I was injured lower back am I allowed to get a second opinion from another Doctor of my choise

1 Answer | Asked in Workers' Compensation for Pennsylvania on Jan 20, 2015

Answered on Jan 20, 2015

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Timothy Belt's answer
If more than 90 days have passed since you reported your injury, you can treat with any medical provider. The workers' compensation carrier only controls medical treatment during the first 90 days.

If your claim has been denied through a Notice of Compensation Denial, you can treat with any medical provider regardless of whether or not you are within the first 90 days.

If your claim has been accepted, your treatment is confined to the panel list during the first 90 days after...

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Q: After surgery this surgeon referred to another pain /mgt because after 90 days

1 Answer | Asked in Workers' Compensation for Pennsylvania on Jan 20, 2015

Answered on Jan 20, 2015

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Timothy Belt's answer
After the first 90 days you are free to treat with any medical provider that you choose. You do not have to wait for a second opinion, you can call the doctor's office and make an appointment.

As to ongoing monetary benefits, assuming this is an accepted injury for wage loss, upon return to work with restrictions you are entitled to compensation for any loss of earnings resulting from your work injury. The formula is time of injury average weekly wage minus your actual earnings...

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Q: Is it legal for the wc judge to dicuss my case off the record in a meeting w both lawyers without my knowledge

1 Answer | Asked in Workers' Compensation for Pennsylvania on Jan 18, 2015

Answered on Jan 20, 2015

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Timothy Belt's answer
Nothing illegal. It is common practice to have off-the-record conversations between the attorney's and the judge regarding procedural issues, objections, evidentiary time lines and requests for accommodations such as an extension of time. It is extremely unlikely that anyone was paid off or that anything unethical happened during this discussion.

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Q: Are breifs due at the Sam's time for both attorney. In pa wc

1 Answer | Asked in Workers' Compensation for Pennsylvania on Jan 19, 2015

Answered on Jan 20, 2015

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Timothy Belt's answer
It depends on the judge. Some judge's will require the moving party to submit their brief first.

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Q: Does the wc judge tend to believe. The clamits. Dr or the. Ime

1 Answer | Asked in Workers' Compensation for Pennsylvania on Jan 18, 2015

Answered on Jan 19, 2015

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Timothy Belt's answer
The judge is free to accept or reject the testimony of any witness, including medical witnesses, in whole or in part. It is not as simply as treater verses IME. The judge will review all witness testimony, any diagnostic studies presented, past history, witness qualifications, and how the doctor's reached their conclusions in deciding which doctor is more believable. Furthermore, some judge's tend to have a biased towards one side or the other which can be a factor. I would suggest you...

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Q: is it possible to get records of past Workman's Compensation cases?

1 Answer | Asked in Workers' Compensation for California on Jan 17, 2015

Answered on Jan 18, 2015

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Mr. Robin Mashal's answer
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

You can contact the doctor's office and request copies of your file. It may well be that they do not keep records dating back to 1979. If they do, they should be able to make copies for you and ask you to cover the duplication costs. Be sure to consult your own attorney to protect your legal rights.

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Q: if you get injuer on job,and say it didnt happen there,can it be a problem

1 Answer | Asked in Workers' Compensation for Pennsylvania on Jan 13, 2015

Answered on Jan 15, 2015

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Timothy Belt's answer
If I understand the question correctly, you initially indicated that the cut was not a work related injury. If you now claim the cut to be a work related injury it could certainly raise issues regarding your credibility. Clearly you either lied in the initial statement or you are lying now. The attorney for your employer will stress that either way that makes you a lier, so this could certainly damage your believability.

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Q: I am close to setteling my case. Comp lawyer just informed me that employer only carries a $75K policy. Is that poss?

1 Answer | Asked in Workers' Compensation for Pennsylvania on Jan 14, 2015

Answered on Jan 15, 2015

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Timothy Belt's answer
Anything is possible. If you trust your attorney, than there is no reason for you to question this statement. If you do not trust your attorney, the real problem is much deeper than a coverage issue, and I would suggest that you schedule an appointment with him to discuss the coverage issue and why he believes this coverage limit is accurate.

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Q: if during my workers compensation hearing, my employer lied about my hours to benefit them what will a judge do

1 Answer | Asked in Workers' Compensation for Pennsylvania on Jan 14, 2015

Answered on Jan 15, 2015

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Timothy Belt's answer
The judge will review all of the testimony and make credibility determinations regarding which witnesses he believes to be telling the truth. Assuming the judge finds your testimony more believable than the testimony of the employer witnesses, this would be helpful to you in regard to the ultimate outcome. However, if he believes this testimony from your employer, the opposite would occur and your overall position would be weaker. Your attorney should be able to provide some insight in...

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Q: I lost my left eye while on a job in 2004 and my lawyer won't settle after I told her to. What do I need to do to settle

1 Answer | Asked in Workers' Compensation for Maryland on Nov 25, 2014

Answered on Jan 15, 2015

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Jobeth Rocky Bowers' answer
It may not be advisable to settle the claim. Realize that for the most part your lawyer would not make any fee at all until the case settles, meaning that if the lawyer is telling you that it isn't a good idea/time to settle, that they are probably right.

You should sit down with your lawyer and discuss the rationale behind the advice, and try to get some answers as to why or why not, and what it all means.

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Q: Can I have a witness at an examination by the independent medical examiner?

1 Answer | Asked in Workers' Compensation for Maryland on Dec 23, 2014

Answered on Jan 15, 2015

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Jobeth Rocky Bowers' answer
While I have not heard of anyone video recording an IME, I have heard many times of hiring a nurse practitioner or other type of experienced professional to be there for these IMEs. That is typically acceptable, and sometimes takes your lawyer to put up a fight if there is opposition to it. Your lawyer should be aware of the process for making this happen.

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