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  1. #1
    danny Guest

    Default Workers comp disability payment problems

    I was injured at work in Tennessee in 11/04. My employer eliminated my job right after the accident. My WC insurance co. sent me to a doctor who completely missed my injuries being as serious as they were and sent me to orthopedic rehabilition with a broken elbow, 2 broken wrists, nerve damage in my elbow, nerve damage in both wrists, and cartlege damage in both wrists. The insurance co. did not start disability payments until 2/05. They refused to start them within the 7 day period from the date of injury which I understand is the law. They then, without explation, reduced my benefits. Now my doctor has released me to return to a job I do not have but has yet to release me from his care or give me an MMI rating. Then, without notice, the insurance company stopped my benefits altogether, eventhough my attorney says they can't do this. They will not return my attorney's calls or reply to emails asking them to explain their actions. My attorney says all this will be dealt with when an MMI rating is received and he negotiates a settlement. Is this the only way to deal with a WC insurance company that seems to do what ever they so desire when dealing with an injured worker? And what guarantees that they will even negotiate in good faith based on their actions so far?

  2. #2
    Join Date
    Aug 1972
    Posts
    10

    Default

    Most IC stops payment once you reach MMI. What your attorney should do is send you for an IME for your side and see what the difference in ratings are prior to starting any negotiations.

  3. #3
    pt Guest

    Default

    Several things could be happening with regard to your claim for WC benefits.

    In your State; does an IC have a '90 day' period to determine an IW's eligilibility for WC benefits ?

    Were your wages originally calculated at the 'correct' rate ?

    Could there have been ANY Dr. that you may have been evaluated by, whom may have already declared you to be at MMI ?

    Could further IC discovery activity into your WC case, have possibly revealed anything that would prompt the legal termination of your WC benefits ?

    Danny, these are but a few of the possibilities that could have arisen since you filed your WC claim. Your attorney and/or their staff, should be establishing better communication between the IC and yourself during this difficult and likely confusing period.

    Additionally; settlement negotiations have not been known to occur overnight - 'Someone' needs to understand that an IW's hopeful road to recovery and successful RTW...may not either.

    Effective communication can make the difference.


    Good luck to you.

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