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  1. #1
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    Jun 2009
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    Default Bad Faith Law Suit Against Workmans Comp

    My workers compensation claim was made in the State of: Colorado

    Im wondering if anyone else has filed a bad faith claim against workmans comp in Colorado. Im filing one now. I went without medical care for almost 6 months with torn ligaments in my knee and my workers comp finally authorized me an MRI after several authorization attempts by my lawyer and my doctor. They had no reason for denial of my medical or partial wages They opened the door wide for a bad faith suit and im running right through it. Bad knee and all! If you have filed a bad faith suit against workers comp please let me know how its going

  2. #2
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    Jun 2009
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    5

    Default Re: Bad Faith Law Suit Against Workmans Comp

    spiritgirl

    Google bad faith workers comp settlements and you will find thousands of suits that were settled out of court and some that went to a jury. When comp ins has no reason to deny you wages or medical treatment they are just looking for trouble. I pretty much have an open and shut case

  3. #3
    Join Date
    Feb 2007
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    Calif
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    18,021

    Default Re: Bad Faith Law Suit Against Workmans Comp

    There is no such thing as a 'open and shut' case...against anyone.
    This carrier can take appeals all the way to the US Supreme court... you could find youself in costly litigation for years to come...

  4. #4
    Join Date
    Jun 2009
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    5

    Default Re: Bad Faith Law Suit Against Workmans Comp

    There is no such thing as a 'open and shut' case...against anyone.
    This carrier can take appeals all the way to the US Supreme court... you could find youself in costly litigation for years to come...



    Thats fine with me. I have nothing but time

  5. #5
    Join Date
    May 2007
    Posts
    408

    Default Re: Bad Faith Law Suit Against Workmans Comp

    Quote Quoting wv_transplant View Post
    My workers compensation claim was made in the State of: Colorado

    Im wondering if anyone else has filed a bad faith claim against workmans comp in Colorado. Im filing one now. I went without medical care for almost 6 months with torn ligaments in my knee and my workers comp finally authorized me an MRI after several authorization attempts by my lawyer and my doctor. They had no reason for denial of my medical or partial wages They opened the door wide for a bad faith suit and im running right through it. Bad knee and all! If you have filed a bad faith suit against workers comp please let me know how its going
    I had a "bad faith" lawsuit in Louisiana; I was totally denied surgery to the point that my Thoracic Vertebrate that was split in half healed abnormally.

    I lost! We appealed to the state court and lost. In Louisiana, WC has a "umbrella" of protection over them called NO CAUSE OF ACTION which simply means WC can do what they want in Louisiana as long as it does not kill you.
    Colorado is probably and hopefully different.
    I will send you a PM to look at.

    p.s. 2 1/2 YEARS LATER, T12 vertebrate was removed,replaced with a titanium cage, screws and bolts, bone was grafted in the cage from one of my Ribs for the fusion.

  6. #6
    Join Date
    Jun 2009
    Posts
    5

    Default Re: Bad Faith Law Suit Against Workmans Comp

    Quote Quoting smackman View Post
    I had a "bad faith" lawsuit in Louisiana; I was totally denied surgery to the point that my Thoracic Vertebrate that was split in half healed abnormally.

    I lost! We appealed to the state court and lost. In Louisiana, WC has a "umbrella" of protection over them called NO CAUSE OF ACTION which simply means WC can do what they want in Louisiana as long as it does not kill you.
    Colorado is probably and hopefully different.
    I will send you a PM to look at.

    p.s. 2 1/2 YEARS LATER, T12 vertebrate was removed,replaced with a titanium cage, screws and bolts, bone was grafted in the cage from one of my Ribs for the fusion.
    Im sorry that you had to go through that. I have done alot of research and Colorado seems to be pretty tough when it comes to bad faith. My lawyer told me that they will settle before we go to trial. this is not his first time in dealing with bad faith against this workers comp insurance company. He has a damn good record in dealing with them

  7. #7
    Join Date
    Jun 2009
    Posts
    24

    Default Re: Bad Faith Law Suit Against Workmans Comp

    hahahahhaaha, ur problem sounds so similar to mine.

    i also wanted to sue the shit out of the IC for acting in bad faith and and for being grossly negligent. i think u should be able to sue the IC for acting in bad faith but im not sure if the statues in ur state allow that or how that would work.

    regardless of code reg., it makes complete sense to sue for bad faith, because when ICs deny a case for frivolous reasons or delay a case for dubious reasons, they save a huge amount of interest. (more cash in their pockets). so IC have every incentive to not pay u a dime, until their forced to when a judge issues a direct order.

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