Q: Can I file a petition for penalties?
My claim was denied. I have seen several doctors that has stated my injury is industrial related. They have modified my work duties with restrictions and have me as ttd. I have not been paid any benefits in over a year. I have schedule an expedited hearing for ttd. Can I file for penalties in this situation?
A: You COULD try that, but most judges will refuse to award any penalty to an insurer exercising it's right to prove the claim is non-industrial at trial. You CAN take those reports, request a Trial, offer them to the judge at trial as evidence that the injury IS work=related, then you would have the Findings & Award of an industrial injury and then the insurer can no longer deny it.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
