Speared by a Forklift

[Rick_B]

I have retained an attorney. He has filed a claim petition and a penalty petition on 3-5-2012. I am having a MRI today, and probably surgery next week. The sesamoid bones in my foot are fractured in 4 places and they are going to have to rebreak my big toe as the fracture didnt heal correctly. How long does it take for the petition and the penalty petition tobe heard, as still no $$$$ from insurance company.

[katrazy]

My past experience of a similar situation took 9 months from petition filing to get any money. Im not sure if anything is faster now then a few years ago

[complwyr]

Glad you got a lawyer. Too bad you did not record the adjuster's comment. I tell my clients not to give statements to adjusters because they typically are of no benefit to the worker. Good luck.

[Rick_B]

I received worker's compensation prescription cards in the mail on Tuesday 13th, I contacted my lawyer and advised him. He said to go ahead and use them but he is going to set me up with a different one because the majority of time, the insurance company will shut them off and I'll end up paying for the meds, etc . My case was assigned to a judge per a notice that I received on Monday regarding our claims and penalty petition. Normally how long before the first hearing.

[Rick_B]

I received Notice of Hearing today, scheduled for 4-11-2012. I cant believe that the IC still has not paid me

[Frank Lafferty]

Not sure if you have specified what the basis for the denial was, but, if they believe they have a legitimate defense it should not surprise you that they are not paying. As noted above the litigating of a petition can take 9-12 months.

[Rick_B]

Not sure if you have specified what the basis for the denial was, but, if they believe they have a legitimate defense it should not surprise you that they are not paying. As noted above the litigating of a petition can take 9-12 months.

I was injured on 12-8=2011 The company advised me that they would continue paying me on a 40 hour basis until I got back to work. They also advised my medical caregivers to send all my medical bills to the corporate office and they would pay them in house. The company paid me thru 4 pay periods and then stopped paying me. None of the medical bills are paid. I received a notice of denial stating that I have not lost any wages. They further advised that I did not advise my employer of the injury when in fact I have a Injury Report dated and signed 12-9-2011

---------- Post added at 08:21 PM ---------- Previous post was at 08:20 PM ----------

My last pay was received on 2-17-2012
Based on a 40 hour work week. When prior to my injury I was working 85-100hours per week

[BvIA]

You really need to discuss these issues with your attorney...that's where the file is... that's where the facts of the claim are.
There are always three sides to every situation...yours', theirs, and the way things really are. Not saying you aren't providing enough facts here... but maybe just not all of them.
The responses here are generic at best, and geared to all claims.

[Rick_B]

Just a quick update, still no money or approval fro surgery from the IC, but on a good note, Imy attorney called me on Thursday and advised that the IC's attorney has advised him that they are going to approve my case, and that they are going to request from the judge a "postponment" of the scheduled Petition and Penalty Petition on 4-11-2012. My attorney said that the IC's attorney also has requested that this go to mediation. If it goes to mediation, does the mediator also act on the Penalty Petitiion?

[Timothy Belt]

The mediator does not have authority to enforce anything. All the mediator does is assist the parties in working out a deal. The agreement could include everything or just select portions of your case. That is up to the parties.