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  1. #71
    Join Date
    Jan 2011
    Location
    NY
    Posts
    7

    Default Re: Workers Compensation Surveillance

    BvIA, I have been watched for 11 months+ by a minimum of 4 people for 12 hours a day 7 days a week. This is my basis for saying they are NOT PI's but employees of IC.

  2. #72
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,021

    Default Re: Workers Compensation Surveillance

    Quote Quoting snottygirl View Post
    BvIA, I have been watched for 11 months+ by a minimum of 4 people for 12 hours a day 7 days a week. This is my basis for saying they are NOT PI's but employees of IC.
    Then go out and talk to them... offer tea/cookies if you like... what they may observe is not likely to be admissable in court.
    Still... I cannot see the benefit of any IC assiging that kind of man hours to your claim... doensn't make sense...especiallyTWELVE HOURS a day...the overtime alone would be more than your claim is worth.
    Sorry...I' just don't beleive it. As you see, I "did the math"... there is no financial benefit to the ER/IC.

  3. #73
    Join Date
    Jan 2011
    Location
    NY
    Posts
    7

    Default Re: Workers Compensation Surveillance

    I am sorry you do not believe me because I was hoping this forum might be a place to find support but it does answer my questions as to whether this is a normal course. I needed to know that.
    I signed a stipulation with the IC with a rate of disability, etc and that is in effect unless either party re-opens the case. I suspect the surveillance is for the purpose of creating a reason to re-open the case so the IC will get a lesser percentage of disability to pay.
    I am what I am regardless who is watching.
    Good luck with this forum.

  4. #74
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,021

    Default Re: Workers Compensation Surveillance

    As you have opted not to provide your state, and WC laws are state specific... I'll answer this generic... when there is a Stipulation agreement in place...that is a form of "settlement", the parties agree on the outstanding issues to be resolved and you are paid/provided benefits accordingly.
    That includes the indemnity benefits based on the agreed PD rating...and access to further medical care.
    There is no "reopening" of the claim, unless you are in a jurisdiction where you, only you, can petition to reopen ie, within 5 years of your org DOI.
    There isn't really anything to reopen for...you have access to medical care.

    The only reason a ER/IC would petition a court for anything is if you are suspected, and can be shown guilty, of fraud in your claim. There is no other reason. WC is a benefit delivery system... while we all know the pitfalls in securing benefits, that is the premise of the system, nationwide.

    Whether or not I believe you are being observed 12 hours on a 24/7 basis, has no bearing on the support you may find on this board...you are welcome here, any time, offer your opinions and experiece...others may or may not find benefit, or agree, or disagree with what you say... that is the American way.
    I suspect the surveillance is for the purpose of creating a reason to re-open the case so the IC will get a lesser percentage of disability to pay.
    Unless you show a inordinate level of "recovery" soon, very soon, post the stips..they would have no reason to reopen a claim based on your thought process.

    As I suggested...walk right up to one of these your suspect, and ask them to identify themself....no harm, no foul.

  5. #75
    Join Date
    Jan 2011
    Location
    NY
    Posts
    7

    Default Re: Workers Compensation Surveillance

    The judge said, at the stipulation hearing, either party can re-open the case. The intent was if I were to get worse, I could have the percentage re-evaluated; I assume since she made mention of "either party" they, also have that right should they choose. I am in NY. I thank you for your input.

  6. #76
    Join Date
    Feb 2007
    Location
    Western New York State
    Posts
    1,340

    Default Re: Workers Compensation Surveillance

    Quote Quoting snottygirl View Post
    BvIA, I have been watched for 11 months+ by a minimum of 4 people for 12 hours a day 7 days a week. This is my basis for saying they are NOT PI's but employees of IC.
    Doesn't mater who they are they'll all against you!

    "I am sorry you do not believe me because I was hoping this forum might be a place to find support but it does answer my questions as to whether this is a normal course. I needed to know that.
    I signed a stipulation with the IC with a rate of disability, etc and that is in effect unless either party re-opens the case. I suspect the surveillance is for the purpose of creating a reason to re-open the case so the IC will get a lesser percentage of disability to pay.
    I am what I am regardless who is watching.
    Good luck with this forum. "

    No one on this forum doesn't believe you as we have all or are inured workers, some like to shoot from the hip with facts, while others try to sugar coat the same facts. BvIA has the most posts on this board and is very knowledgeable but blunt because that is how comp is, blunt and not caring about you, the injured worker!

    "The judge said, at the stipulation hearing, either party can re-open the case. The intent was if I were to get worse, I could have the percentage re-evaluated; I assume since she made mention of "either party" they, also have that right should they choose. I am in NY. I thank you for your input. "

    This is true. Do you have an attorney? If so sit them down and ask them questions and voice your concerns as they are the ones who know most about your case than we do here. We try to make the compensation case as easiest as possible for the IW because we all have been one, and I wish I had someone to answer my questions in laymen terms instead of my attorney who spoke in all that legal mubo-jumble!
    Go to the NYS board and read past posts too as there may be information that may be helpful!
    Q
    Knowledge is a beneficial tool for the injured worker!

  7. #77
    Join Date
    Jan 2011
    Location
    NY
    Posts
    7

    Default Re: Workers Compensation Surveillance

    I do have an attorney but that is a whole other thread. I know I am no different than any other IW who has filed a claim and we all have suffered insult on top of injury in an abusive, antagonistic and heartless system. I also know the IC can do whatever they want (within the law). Somedays I can handle it and somedays I can not. I just tell myself that I do have the stipulation and since I act no different being watched than I would if I were not watched, my sanest course of action would be just to build myself a new life with the limitations I have and forget them! They (IC) are going to do what they are going to do.

  8. #78
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,021

    Default Re: Workers Compensation Surveillance

    It is always a good idea for posters to identify their state, WC laws are specific to the state with jurisdiction of your claim.

    I just tell myself that I do have the stipulation and since I act no different being watched than I would if I were not watched, my sanest course of action would be just to build myself a new life with the limitations I have and forget them!
    If you can keep that thought process going...you would be one of the luckiest posters on this or any message board.
    No one should allow their injury or claim to be the single most important motivator in their life.
    You/we, have recovered to a point of stability/MMI, in your, and my claim for that matter, there is a Stipulated agreement in place... the best thing IS to move on from this..stips is a ''settlement''. (as you are in NY state, there are provisions for you to petition for a commutation of any indemnity remaining due...or, possibly you have rec'd that money.)

    Those restrictions, and IMO, that term should be used here... but as long as you are not doing those things you claim you can't due to the injury...you have no problem. Let those who wish to spend their time "watching" you ...do what they do. Beyond that...you have nothing to worry about.

    Good luck to you... keep up the positive thoughts. That's what counts..

  9. #79
    Join Date
    Jan 2011
    Location
    NY
    Posts
    7

    Default Re: Workers Compensation Surveillance

    BvIA,
    I have my "sane" days and then I have my not so sane days. I do OK when they just watch but every now and then, they get "creepy" and intimidating and then it is not so easy to be sane. I have thought about asking about petitioning for what is remaining due but I hear that from that amount, attorney fees would be deducted as well as lost interest and so the loss would be substantial.
    Thank you for your post.
    It is my responsibility to myself to not allow this claim to take my life in any way especially spending all my time worrying about things I can not help or control such as surveillance. I have lost my profession, my earning potential, I can not drive anywhere but in my town, I can not travel by plane, train, boat or long rides, I can not even walk long distances. My attention is better spent, I believe on this; a good day, building a life that acknowledges but does not concentrate on my limitations.
    Last edited by snottygirl; 03-08-2011 at 05:20 AM. Reason: adding to it

  10. #80
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,021

    Default Re: Workers Compensation Surveillance

    I have thought about asking about petitioning for what is remaining due but I hear that from that amount, attorney fees would be deducted as well as lost interest and so the loss would be substantial.
    You should discuss your financial options with a counselor/specialist...there are ways for an annuity to be purchased, possibly with a cash payment up front...annuity would pay a tax free life income...the way your indemnity is right now, it could be when you die, the claim dies. There is no "estate value" in a periodic benefits payment the way it's set up now.

    There are some annuities that include interest as well..in the long run, you'd be paid more money than what the indemnity is right now in lump sum.

    Your atty fees are going to be paid at some point... regardless of whether you commute the remaining indemnity, or not.
    You could see a reduction in the weekly benefit amount you currently receive. Attys don't work forever free...something to consider, and at least consult a specialist. Outside the WC system and process.

    Do some research on annuities and Structured Settlement agreements.

    http://www.massmutual.com/productsso...ties/immediate

    http://structuredsettlements.typepad...d_settlements/

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