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  1. #1
    Join Date
    Jan 2009
    Posts
    4

    Default Retroactive WC Pay?

    I injured my shoulder on the job in march of 08. I finally got an appointment with IME . It been close to a year. If the IME finds that i need medical treatment for my injury, is WC pay retroactive from time of reporting?
    In other words will i get back comp pay from march of 08 ?

  2. #2
    Join Date
    Jan 2009
    Posts
    4

    Default Re: Retroactive WC Pay?

    I should also mention that my lawyer had to file a motion for this to happen.
    So if anyone can give me some info i would appreciate it.Thanks

  3. #3
    Join Date
    Oct 2006
    Posts
    9,109

    Default Re: Retroactive WC Pay?

    not necessarily.
    comp pay is based on medical disability not the need for treatment; they are independent benefits.

  4. #4
    Join Date
    Jan 2009
    Posts
    4

    Default Re: Retroactive WC Pay?

    well i have been out of work. i tore my rotator cuff and have a cyst.
    no prior shoulder problems. repetitive work related injury.

  5. #5
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,045

    Default Re: Retroactive WC Pay?

    Disability benefits...wage replacement/loss is paid based on your treating physican declaration of your inability to perform your job due to the injury.

    If you don't go to work because you are in pain, you won't be provided benefits.

    You have not received any treatment since March of 08 ?

    Also, IF there is a dispute still as to your AOE/COE, and the IME opinion, there could be additional delay if the ER/IC takes this to a comp court/judge.
    It's not definitive based on the IME report.

  6. #6
    Join Date
    Jan 2009
    Posts
    4

    Default Re: Retroactive WC Pay?

    I have not recieved any treatment other then an MRI from my Dr.
    The company i was working for denied me benefits. The the lawyer from
    either the company or the companies insurance ,told my lawyer that a incident report was filed and that they were just waiting on the Ins co. Which never happened. That led to my lawyer filing a motion for treatment and benefits.
    I have not worked because i am a union carpenter and cannot preform my line of work with a torn rotator cuff. So it is pain and the inability to preform my work as would be expected by any union employer. I was sent to a Dr by my lawyer who looked at the MRI,examined my shoulder with some range of motion tests and wrote a report stating that i had sustained injury and it was due to the repetitive work i was doing at that time.

  7. #7
    Join Date
    Jan 2007
    Location
    PA, but worked in NJ
    Posts
    637

    Default Re: Retroactive WC Pay?

    Hi Robert I've been reading over your thread and may be able to shed some light on whats up. NJ WC is 3 fold 1) Medical care for a work related injury. 2 TTD benefits when you are under the care of an authorized medical provider, and you are unable to perform your jobs duties as well as ANY sedentary work your employer may have you do while impaired from your normal duties. 3) Compensation for the measurable amount of disability that you may have after corrective care has been rendered. That's it!!

    You mentioned that you were a "Union" Carpenter so ANY work injury benefits available through your Union (via work agreement) WILL supercede all NJ WC rules so I would read over your current Union handbook to see???

    To answer your questions NO you will not get back benefits from WC, unless you are entitled under your work agreement. I say this because even though you may have been experiencing pain from your injury, you were not authorized by your employer to see a WC Dr. However should this IME show that you need corrective care after the waiting period of I think 7 days then you may begin to receive TTD, but I think its a long shot to receive a year of back TTD benefits.

    By filing the motion as your lawyer did he has officially put your employer on notice of this injury and has requested this exam. Also the lawyer will be receiving 20% of your comp for impairment, he does not receive 20% of your TTD.

    If you are not suitable for corrective care , by the IME, you should be able to get Vo-training for another line of employment. As I imagine you are unable to do your job duties today??

    The court will take into consideration the relationship between the lawyer and his Dr. In these cases history has shown that the lawyer's Dr is working for the lawyer too, just as the WC treating Dr works for the employer. Good luck.

    BUG

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