Hawaii Worker's Compensation - Help For Injured Hawaii Workers

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  1. #1
    Join Date
    Jan 2010
    Posts
    38

    Default What Happens With a Second Worker's Comp Case After the First is Settled

    Hi,

    Now that one case is done, I just wanted know if anyone knows if the second one follow right after or is there a specific time limit to close the first case before starting the second case?

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

    Default Re: One Case Down Another to Go

    not enough info to tell what you are contemplating
    You have a work injury, and file a claim.
    If you return to work, reinjure or aggreviate this injury, it would be a new claim. Even if it's the same day or later.
    What is the 'second claim' due to? There is no waiting to file a claim for WC benefits.

  3. #3
    Join Date
    Jan 2010
    Posts
    38

    Default Re: One Case Down Another to Go

    OK first I have been on WC for 5 years, They seperated my injuries dealing with the shoulder first in which is now done. I will now be doing my second case for the back. My question: is there a time limit? Do they have to wait for the first one to close and is there a time limit as to how long it will it take to close, before they start the other case for my? Also how long is the waiting period for the IC to send out settlement?

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

    Default Re: One Case Down Another to Go

    No.
    The documents go to the WC judge for review to adequacy... could be 30 days or more...then back to the carrier to issue the check, could be another 30 days...depends on the back log at court, case load at IC... too many variables to give you a exact timeframe.

  5. #5
    Join Date
    Jan 2010
    Posts
    38

    Default Re: One Case Down Another to Go

    OK, But isnt there a law that states That the IC has 30 days to send the settlement check, On my decision it does say they have 30 days or a penalty would be imposed.

  6. #6
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,021

    Default Re: One Case Down Another to Go

    Ok... then you should have the check within 30 days...if not, file for the penalty.
    Where is your atty?
    I know you have the link to the statutes, because I remember giving it to you...so you know the rules/laws the same as we do.

  7. #7
    Join Date
    Jan 2010
    Posts
    38

    Default Re: One Case Down Another to Go

    I won the case without an Atty. All I did was educate myself with the laws and rules that I got from you guys and followed them as much as I could. I was actually glad I educated myself with those links you guys have given me it worked out quite well for me. One more question You know if they actually close the case before starting the other case or does just follow on to the next one I ask because I have requested for several Hearings for my back while working on my shoulder case.

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

    Default Re: One Case Down Another to Go

    There is no reason for one claim to close pending filing another.
    Im not sure I understand why you have two claims.. if this injury is one ER, why weren't they combined?
    And, WC claims don't have to 'close'... many resolve by stipulation and open medical.

  9. #9
    Join Date
    Jan 2010
    Posts
    38

    Default Re: One Case Down Another to Go

    Your guess is as good as mines as to why they seperated it, I did however ask why and no one would give me an answer. I just think its because my back is not MMI yet. Just not sure. My medical treatment for the back was approved as well but they just keep denyng the treatment and I have been paying for it out of my pocket. Im not sure how Im gonna do with that case but Im gonna try and do my best I now require shots for back as well as my shoulder the least I want out of it is for them to pay for the medical treatment on my back. My PCP already stated that the sacrioiliac joint in my back will pop out for the rest of life as no doctor will fuse it due to the fact it will leave me completely immoblized in certain body areas. along with the siactica pain the runs down my legs constatntly. All I can do is the best that I can do.

  10. #10
    Join Date
    Aug 2013
    Posts
    3

    Default Re: One Case Down Another to Go

    Quote Quoting InjuredGal View Post
    OK first I have been on WC for 5 years, They seperated my injuries dealing with the shoulder first in which is now done. I will now be doing my second case for the back. My question: is there a time limit? Do they have to wait for the first one to close and is there a time limit as to how long it will it take to close, before they start the other case for my? Also how long is the waiting period for the IC to send out settlement?
    Any settlement must first be signed by the parties then approved by the DLIR, then your thirty day clock would begin.

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