Q: The I&A officer said that I cannot put my evidence into exhibit during an MSC hearing. How can I get the judge to revie
I had an expedited hearing for ttd but the judge didn’t bother to look at my reports. He rescheduled to an MSC because I had a qme evaluation the following week.
I have the qme report that says ttd should the employer not provide modified work. I also have the ptp’s PR-2 report that has dates of ttd. The I&A officer told me to show my evidence to the judge and there is not a standard process to have the judge review it.
Is there anything else I can do so the change can look at my evidence? If he agrees with the qme report and rules that I’m ttd, will the carrier start benefits right away or is there a waiting period?
A:
1) No one can predict what a carrier will do. While you should have already started receiving TTD benefits based upon your question, the penalties for late payment are almost never enforced. The courts don't care as long as defendants can put forth some explanation for the delay, for example "the adjuster was sick,... further discovery is needed, ..." or something similar.
2)It is common for a WCJ to reschedule pending further discovery. At the next hearing the WCJ will ask about the medical reporting, and may even want to see the reports. In fact, an order should issue directing the carrier to start making TTD payments, IF THE MEDICAL REPORT IS CONSIDERED SUBSTANTIAL EVIDENCE.
In answer to your question, if the judge does not order TTD based upon a record that you believe supports a finding of TTD, then your only option is to file a Petition for Removal. This creates a lot of extra work for the judge, so you can be certain if you are forced to request a Removal, the WCJ is going to take a close look at all the evidence before it goes to the WCAB for review. Unfortunately, however, a Removal does not stay the proceedings. In other words, if the WCJ does not order TTD, that order is binding until the WCAB acts on the removal.
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