First, Let me tell you, I was hurt a a pryor job and i was on workers compensation because of it. I was released by my doctors, one gave me a full release then amonth later he gave me another full release. 4 months later the pain management doctor gave me a light duty release but i didn't know this until the other day when i looked in my copies of the slttlement records. I thought i was had a full released form both doctors.
ok, after i got released from the last doctor, i went back to work about 3 months later.
I applied for a job and on the app. i put left other job because of injury and the company had my employment on hold, no openings to put me to work.
Now, I got a new job and 3 months after i started i got hurt again. not by my will.
i reported the injury right after/ same day and asked for an accident report to be made. I didn't go to hospital that day, I Had weekend off and thought injury would pass. Assistant Manager stated the he had to get with Manager about making the accident repot, few days later Manager stated he had to get with his boss.
Called in to work the monday because of hurting, but on Tuesday I was the opening manager but had the understanding with upper management that if i was still hurting when managers got in, i would go to the ER, assistant manager refused me to leave work. went after work.
That was the last day i worked.
They stated to me i had to do everything myself, do accident report, contact employer, contact workers compensation, find doctors for injury.
after i found the right people to talk to (about a month & a half later) they gotme in contact with WC and after i gave recorded statement to workers' compensation adjuster, they paid me my back benefits, and started paying me my weekly benefits, they sent me to the doctor of my choice. (same doctor i went to for last injury.
I signed all paper work and release of medical records that WC sent me.
Well, WC adjuster stopped my benefits about amnth and a half later. (they didn't even send me a later of this, they left it on my answer machine/voice mail).
They said, they were stopping it because one of the doctor i seen didn't send them my medical records, but they got the rest of them. they said that the medical records didn't have on them, that i told the doctors it was a work related injury,(which i did tell the doctors) but if they can get just one of the medical records had in it that i told the doctors it was a job related injury they would start my benefits back, including the ones that doctor didn't send in yet.
Now, they finally got those medical records from that doctor (court order), and right there on the front page, it stated how i got hurt and the place i got hurt. that should have been enough right there.
Well, about a month after recieving the medical records, WC denied my claim. Finally got a letter stating it was denied but no reason why. Finally got reason through email after i bugged them enough for the reason. Here it is: "After reviewing all medical records, and your prior work comp injury, you had a pre-existing medical condition to the same body parts. Therefore, your claim will remain denied as a pre-existing condition".
Now, I filed a 1008 Form, "Disputed Claim For Compsation", with the Louisianas' (OWCA) Workers Compensation Office.
Now, i found some violations that my adjuster and employer made with respect to my workers compsation claim.
1) the Injury/Illness Report, " Form 1007, Employer Report of Injury/Illness", was not filed with the (OWCA) until about 3 months later. They has 10 days from Injury/Illness to report this to the (OWCA). that about 2 and 3/4 months late. I even think it was filled out when i got in touch with workers compensation about a month and a half after my injury/Illness.
2) My adjustor didn't file the, 1002 form, Notice of Payment, with the (OWCA). You have 10 days to file this form after the firt payment of benefits is mailed to injuried party to the (OWCA). It's been 9 and a half months sense that first payment and it has yet to be filed with the (OWCA).
3) My adjustor didn't file another, 1002 form, Notice of Payment, with the (OWCA). You have 10 days to file this form after the last payment, (stopped Payment) of benefits is paid to injuried party, to the (OWCA). It's been 7 months and a little bet sense then and that form has yet to be filed with the (OWCA).
Now, does anyone know. Can Workers Compensation adjustors/company stop benefits, medical care, medinice, and test (MRI's) from the Injuried party without sending notice or filing forms of such to the (OWCA).
What i mean is, Can my adjustor, stop my benefits after they have started paying me, without notifying me by mail or filing form 1002 "Notice of Payment" with the (OWCA).
Also my ajustor sent me a letter for me to give my foodstamp worker, Charity Hospital worker, for free care, kids medical care worker.
This is what the letter says:
Dear To Whom lt May Concern:
"Please be advised that we are authorized to administer the Workers' Compensation Program for the above named client.
This letter will confirm that the claimant mentioned above has alleged an on job injury. As a result of this injury we have been paying the claimant as of xx-xx-xx to present $xxx.xx on a weekly basis".
This is not part of letter.
Now, it doesn't say anything about it being temp. or that it is still under review and a decision has not been made on this claim, nor does it say it still has a chance to be denied.
To me, it kind of looks like an award letter