That is certainly possible, and if your employer has a policy regarding random drug tests, you could be subject to a drug test at any point going forward.

This is partially true. To the extent that treatment is available outside of your working hours, you have an obligation to schedule outside of your normal working hours. If you fail to do so, you will not be entitled to wage loss benefits for time missed to attend the doctor's appointment.... View More

Assuming this is an accepted claim for which you are receiving ongoing wage loss benefits, and you are not still within the first 90 days with the filing of a Temporary Notice of Compensation Payable, then your wage loss benefits continue until you either agree to have them stop or a judge orders... View More

You could attempt to talk to the adjuster and see if they will voluntarily modify the payment rate. If that is unsuccessful, you will need to file a Petition to Review/Reinstate.

When a Petition to Suspend is filed, there is an initial hearing to address something called supersedeas. Supersedeas is a request by the defendant that your wage loss benefits stop while the petitions are being litigated. If the judge denies the request for supersedeas, you will normally... View More

You would need to ask your attorney. Most cases have 2 hearings and 2 medical depositions, but some cases have more depositions or more hearings. Without access to the complete procedural history of your case and the particulars as to the witnesses being presented no one on this type of forum... View More

No, but keep in mind that the doctor probably has his own nursing staff that may be present. Furthermore, since the IME is not for treatment, the nurse case manager could meet with the IME doctor before or after your exam.

The carrier has a right to medical information required for billing purposes. They do not have a right to contact your doctor for additional information unless you sign an authorization. They do not have a right to send a nurse case manager to talk to your doctor. However, just because they do... View More

There is no set time period for a judge to issue a decision. It depends on a number of factors including the judge's current case load and the complexity of the issues being considered. As a general range, most decisions are received within 2 to 6 months after the submission of briefs. If... View More

If more than 90 days have passed since you reported your injury, you can treat with any medical provider. The workers' compensation carrier only controls medical treatment during the first 90 days.

If your claim has been denied through a Notice of Compensation Denial, you can treat... View More

After the first 90 days you are free to treat with any medical provider that you choose. You do not have to wait for a second opinion, you can call the doctor's office and make an appointment.

As to ongoing monetary benefits, assuming this is an accepted injury for wage loss, upon... View More

Nothing illegal. It is common practice to have off-the-record conversations between the attorney's and the judge regarding procedural issues, objections, evidentiary time lines and requests for accommodations such as an extension of time. It is extremely unlikely that anyone was paid off or... View More

It depends on the judge. Some judge's will require the moving party to submit their brief first.

The judge is free to accept or reject the testimony of any witness, including medical witnesses, in whole or in part. It is not as simply as treater verses IME. The judge will review all witness testimony, any diagnostic studies presented, past history, witness qualifications, and how the... View More

If I understand the question correctly, you initially indicated that the cut was not a work related injury. If you now claim the cut to be a work related injury it could certainly raise issues regarding your credibility. Clearly you either lied in the initial statement or you are lying now. The... View More

Anything is possible. If you trust your attorney, than there is no reason for you to question this statement. If you do not trust your attorney, the real problem is much deeper than a coverage issue, and I would suggest that you schedule an appointment with him to discuss the coverage issue and... View More

The judge will review all of the testimony and make credibility determinations regarding which witnesses he believes to be telling the truth. Assuming the judge finds your testimony more believable than the testimony of the employer witnesses, this would be helpful to you in regard to the ultimate... View More

The judge does not award "years." The judge can award periods of disability (wage loss) and those periods can be open ended so that the employer/defendant has to demonstrate that your wage loss has lessoned or ceased entirely to stop or reduce payment. The judge can also award medical... View More

If you knowingly entered into a Compromise and Release Agreement to fully resolve your claim there is very little a lawyer will be able to do other than enforce the terms of that agreement. There is no harm in asking a lawyer to review the agreement and testimony to see if there is an error that... View More

A Supplemental Agreement is appropriate when you are earning wages that will be offset against your workers' compensation benefits. The employer will be entitled to deduct the wages you earn from your average weekly wage and then calculate the partial disability payment you are entitled to receive.