Re: At the End of Our Ropes.don't Know What to Do
The OP said "We have since obtained a work comp attorney"
That's fine, if they want to reopen that claim, let em do it.
Wife had previous head injury 5 years prior and work comp covered initial Doc visit. Was released to work 2 days later with no restrictions. We were informed that insurance company will use that against her.
I would think this is a second injury, I fail to see why they would want to reopen the past claim.
Her past injury is irrelevant and has no bearing on this claim, this is a second injury. This attorney should be reassuring you, these games are typical and nothing to worry about.
After meeting with attorney recently we were informed that IC is calling this a black eye and will be dropping her medical treatment soon. She has been receiving TTD for the past 4 months.
No, worker comp is no fault. All that is required is that she was injured during the course of employment, the details are irrelevant.
does the fact that employer was in violation of OSHA rules have any bearing on her case?
No, the only factors are her average weekly wage, her actual wage loss and her final impairment rating.
Does the fact that she won’t be able to attend nursing school factor into her potential wage loss?
Yes, in fact it should be expected. Just because they say they will deny, doesn't mean they will prevail, 99% of the time benefits are reinstated.
Is it normal for IC to downgrade an injury as much as they did?
There's nothing to fight yet, your attorney has informed you of a possible low ball tactic that may be used.
should she continue to fight this
If or when they deny benefits, your attorney should respond accordingly and have them restored.
My advice would be to relax and quit trying to predict the future, take it as it comes, you'll be fine.
Last edited by tony; 11-06-2011 at 04:20 PM.
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