Q: I was injured 4/14/2015. I received 2 yrs of ttdp. I was scheduled to be evaluated a couple of months before
my 2 yrs. were ended. The claims adjuster did not send the requested documents to the doctor, therefore resulting in me having to reschedule another evaluation. It resulted in me having to wait another year to be evaluated and settle the case. In the mean time, my doctor made me permanent and stationary at the two yr. period resulting in my ttdp payments ending and me not receiving any income for an entire year. I've had to borrow money to survive this entire year, is there any way I can be compensated for the past year I have had to borrow money due to the insurance adjusters failure to send the required documents to the doctor before my first evaluation?
A:
Sorry, no, the adjuster is not responsible for your lack of income after the 104 weeks is done. My clients have their treating physician 'certify' them for State Disability when the Temp. Disability Indemnity checks from the insurer end -- OR OTHERS have the Treating physician write they can return to some form of work, so they can either go back to the pre-injury job or find a new job (and get state Unemployment Insurance while they are job hunting).
IF YOU can somehow PROVE -- not just assert, but actually prove -- that adjuster intentionally delayed and obstructed the QME, you could ask the WCAB Judge for penalties and sanctions for tactics designed solely to delay and harass.
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