Q: My wc claim was denied at day 92. Decision date was set for 8th and the response letter was dated 10th.
What are my odds of having that denial deemed invalid? Carpal tunnel claim and anxiety.
A: To prove the defendant went passed the 90 days, you have to have PERFECT proof the employer had the written claim form on a certain date. Your testimony you gave it to someone on a date won't work, because the other guy will just claim you gave it 2 days later and the judge won't know who to believe. You need a fax transmission report or a Priority Mail receipt showing delivery on a specific date. An email might not be opened for days, so it isn't clear if giving notice of a claim by email starts the 90-day-clock ticking when the email is opened or when you sent the email. But I've gone to trial on a denial that was 4 days late, with a fax transmission report showing the date the claim form was delivered and the date on the envelope of the denial, and the judge ruled the claim accepted due to late denial. SO IT CAN HAPPEN.
1 user found this answer helpful
A:
Ms. Wallace may be wrong. The 90 presumption only applies upon receipt of the DWC-1 form, at least says the Supreme Court. So if you did not file a DWC-1 claim form with the employer, there is no 90 day presumption. As for the anxiety claim, it's impossible to say without more information.
Good luck.
1 user found this answer helpful
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.
