Q: Can ins co atty request "new" med release 10 months post injury after claim was denied?
Ins Co has atty now working the claim. I filled out and returned med release immediately after I received it-ins com got some med records but failed to get others. original claims person did little claims adjusting thinking I would just go away after denial. Do I need to do anything...thought discovery more less closed after denial?
Thanks
A: Discovery is open until a judge orders it closed...typically at the end of the Mandatory Settlement Conference so trial exhibits can be finalized. You should get an attorney because you have no clue what records the defense attorney is obtaining or what she's doing with them. You should have gathered your own evidence and given it to you Primary Treating Physician and obtained a Medical-Legal report showing industrial injury and filed for a hearing to prove the on-the-job injury in 10 months time. The defense attorney is going to send records she thinks work against you to a Panel Qualified Medical Evaluator she knows to be insurance-oriented for a medical - legal report stating there was no industrial injury and offer you Zero in a few weeks... all perfectly legal. Get your evidence to prove on-the-job injury ASAP or get ready for a trial where the only admissible report is the one that says you had no work injury
A: Discovery is open until a judge orders it closed...typically at the end of the Mandatory Settlement Conference so trial exhibits can be finalized. You should get an attorney because you have no clue what records the defense attorney is obtaining or what she's doing with them. You should have gathered your own evidence and given it to you Primary Treating Physician and obtained a Medical-Legal report showing industrial injury and filed for a hearing to prove the on-the-job injury in 10 months time. The defense attorney is going to send records she thinks work against you to a Panel Qualified Medical Evaluator she knows to be insurance-oriented for a medical - legal report stating there was no industrial injury and offer you Zero in a few weeks... all perfectly legal. Get your evidence to prove on-the-job injury ASAP or get ready for a trial where the only admissible report is the one that says you had no work injury
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