She told me this week that they found the right insurance and just now filed a claim, I have been waiting almost a year, there was even a hearing and I was told the other party never showed up. I don't know who they filed the first claim with but it seems to me that the whole process is... View More
I am in agreement with Mr. Fazzi. If your attorney served the employer with the Application and supporting materials with a proof of service, there should be no issue with the insurance carrier because the employer has a duty to notify its insurance carrier that a claim has been filed. As for...View More
The QME has exceeded the scope of the evaluation as QMEs no longer control medical treatment. If your treating physician asked for an epidural, then the carrier needs to send the request through UR and IMR. I say this because an epidural is not a diagnostic, but treatment. Rest assured the carrier...View More
I received a call from my attorney over a month ago saying that EDD wants to take a portion of my settlement to cover what they paid me in SDI benefits. My attorney said that I cannot be paid until this issue is resolved. It's a bummer but if I have to pay, it is what it is. My concern is, my... View More
It's EDD, is a state agency that was overwhelmed before the Pandemic and has never caught up. At least you are not being evicted. I have a client who had everything resolved with EDD about three weeks ago, but the paperwork still has not gone through. He has until Sunday to pay five months...View More
2 yrs ago in May 2020 .I settled my work comp case with a compromise and release. I was a a housekeeper at a care center on light duty do to an injury. Now 2 yrs later I've tried going back to work but not able to hold a job due to severe pain in my Right shoulder where I had surgery. Since... View More
Within 5 years of the date of injury the court has more authority than after due to LC 5410. However, if you reopen your claim, are you prepared to pay back defendants the money they paid in good faith to settle the case? If not, then the answer is no.
Surgeon had me transitioning back into my reg 12 hour shift starting at 6 hours which was to end after 2 weeks and my last day before I was restriction free I was struck from behind by a forklift with a full rack(load) I landed on my just repaired knee and elbow it was so scary and besides feeling... View More
Yes this should be considered a new injury. You should file a DWC-1. What is important here is that a new injury will reset the 104 week cap on TTD benefits if you can establish some additional injury from the incident. Yes, the TTD for this new claim should have a higher TTD rate than the 2020...View More
In March 2022, I contacted my lawyer who rep my case and the insurance company to get medical help with my injured back from 2003 and 2005. My rep has been inconsistence in returning my calls and/or not returning my request for medical advice. The one response I received from my lawyer was... View More
what I do in these older cases when I have medical treatment issues is as follows.
1) Document all doctor visits. If there is no treatment for some time request an appointment with the doctor in writing. Document the response. If the doctor is no longer in practice, go back to the MPN and...View More
Some of the matters being settled include: wages, employment, serious & willful misconduct, and discrimination (LC 132a), does this mean resignation? How can I tell if resignation is part of the C&R? Thanks.
The insurance company sent letter challenging their own doctor's latest diagnosis and asking for QME. They have also stopped the biweekly payments abruptly which they did not even mention in their letter. I complied with the QME procedures which might take months to fully take its course and... View More
I regret to say that your question cannot be answered without more information. The obvious explanation is that defendants are paying a remainder of permanent disability in a lump sum of $3480 and about $16,000 to close out future medical treatment, but again I cannot say without more information.
He is in jail awaiting trial, and im going through PTSD due to what happened and im currently not working. I have filed worker's comp, but have not heard back regarding this and its been over 1 month already.
In situations like yours it is best to get an attorney right away. You say you have PTSD. Really? Is that your diagnosis or a physician's. If a physician says PTSD, then you can probably qualify for TTD. If it is your opinion, it's worthless. You will need a medical report establishing...View More
I am an Applicant In pro per. I settled my WC case before trial thru a signed C&R. I dismissed my attorney a year before the settlement reached for "cause''. He now wants 15% of the settlement amount and has filed a DOR for it which I have objected and the case is set... View More
I filed a subsequent Injury benefit Trust Fund application and they said that I needed to write a settlement demand letter. What are the parameters? what can I ask for? what all goes into this letter. to make it a complete and proper way of writing this. I am doing this myself .
Assuming you have completed all the evaluations and have served them on the SIBTF, you simply need to send them a letter with your demand. It's not that complex. However, getting the case ready for a hearing is, and note the SIBTF will not respond to a demand unless the case is ready. This...View More
Recently an agreed upon C&R was approved by the Judge in my WC case. I had dismissed my WC attorney months ago and he filed an lien/fees at the time and now is requesting an exact amount from the settlement which is stated in the approved C&R and held in a trust account. I have... View More
By law the attorney is entitled to payment for services provided quantum merit. Absent fraud or incredibly bad representation I think you are stuck. You are living a fantasy if you think the attorney is going to dismiss the lien outright and have the money paid to you after working on your case....View More
My lower back got injured at work on august as a result of my companies negligence, I was sent to concentra did all dr's visits and therapies, hot and cold packs, medication and 8 weeks later I was released on full duty. A month later I had not heard from the adjuster so I called him to check... View More
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