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  1. #1
    Join Date
    Apr 2011
    Posts
    3

    Default Not Receiving Benefits from Workers Comp, Eighteen Months After Injury

    Hi maybe someone can help me with a few concerns. After reporting my injury and being taken off of work indefinitely by the doctor I was fired from my job of 11 years. The only job I have ever had. Workers comp denied the claim. The DOL investigated and was found in my favor. I was released from the doctor following surgery at MMI and given permanent disabilities. It has now been 18 months since I filed the claim and 14 months at MMI. I have not received any type of payment at all from WC. My attorney said that they had to pay me TTD for the time up to MMI. I have tried to contact my attorney but he only responds about twice a year on average. Any knowledge would be greatly appreciated.
    Last edited by bobbyvette4; 04-29-2011 at 12:11 PM.

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,943

    Default Re: Its Been 18 Months and No $ at All from WC

    It would be nearly impossible to even guess why you are not being paid TTD... your atty should/would file for a hearing in comp court.
    If you have been evaluated by an IME the carrier selected, it could be in that report you do not need additional medical care.
    The DOL investigated and was found in my favor.
    Are you referring to Federal WC ? OWCP...
    Or the TN WC board/court.?

  3. #3
    Join Date
    Mar 2011
    Posts
    291

    Default Re: Its Been 18 Months and No $ at All from WC

    you can change attys at anytime.

    information on tennessee's comp system is here
    http://www.state.tn.us/labor-wfd/wcomp.html

  4. #4
    Join Date
    Apr 2011
    Posts
    3

    Default Re: Its Been 18 Months and No $ at All from WC

    I guess that my main concern is that its been so long and there has been no court date or any other type of communication to get the TTD paid. I was unable to work and couldn’t get unemployment for 5 months. If it wasn’t for my savings I would have been in a lot of trouble. At the time I hired my attorney he said that he would get the TTD started right away. I know and expect that this entire process of WC will take a fairly long time to get resolved. I just think that as long as it has been that their should have been a court date or some type of meeting to get the ball rolling. The TTD is supposed to replace income for an injured worker while he is undergoing treatment and unable to work. What good does TTD payments do anyone if they are paid 5 years later. The IC denied the claim right away. I filed for assistance through the Department Of Labor. After about 6 weeks of investigating the claim the DOL sent me and the IC a letter of findings. In this letter the DOL stated that the IC had 15 days to pay the claim or 7 days to appeal. It also stated that if nether were done that their would be a penalty. Its been about 16 months and nothing else is happening with my claim “that I know of”. I have tried many times to get an update from my attorney but he doesn’t return my calls or emails. Does it normally take this long to get some type of movement on a claim? Or maybe the reason that my attorney doesn’t return my calls is because he hasn’t done anything with my case and doesn’t want to be questioned about it.

  5. #5
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,943

    Default Re: Its Been 18 Months and No $ at All from WC

    Your atty is likely representing 100's of claims. When you call to ask 'how are things coming?'... the answer is going to be "same as last time you called, there has been no movement".
    I filed for assistance through the Department Of Labor. After about 6 weeks of investigating the claim the DOL sent me and the IC a letter of findings. In this letter the DOL stated that the IC had 15 days to pay the claim or 7 days to appeal.
    You didn't answer the queston... is the DOL state or federal... what were you asking assistance for, you have an attorney. ?
    It may well have been that your ER/IC appealed on a decision..you may not necessarily receive any notices on that..again, you have an attorney.
    There is no "normal time" for things to happen in a comp claim... there are statutory time frames for some things...but without knowing the specifics in your claim...it's hard to tell what/why/when anything is going to move.

    Your atty may have filed for a hearing... that too can take a significant amount of time....depends on the backlog at the court.
    If you are concerned about your atty getting the messages, send a written request, USPS certified return receipt requested, named signature only... allow about 10 days for a response from the date of receipt. In the meantime, write down all of your questions and be ready to meet with your atty. There could be any number of reasons you have not been contacted.

  6. #6
    Join Date
    Apr 2011
    Posts
    3

    Default Re: Its Been 18 Months and No $ at All from WC

    The DOL is state. The attorney requested assistance from the DOL after the ER/IC denied the claim. The last time that I spoke with my atty was about 2 months ago and at this time there had been no hearing scheduled. I have asked my atty several times if the decision had been appealed by the IC and he said he didn't know.

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