Re: Mission Statement from the DIA
Your attorney should have filed for an expedited hearing, don't know why it took 16 months to get medical.
is there any thing I can do or am I STUCK
You could file a complaint with the Labor and Workforce Development (EOLWD)
More info here:
Not sure of what you're asking.
Are you asking about delayed care causing further damage resulting in a permanent disability?
If so, you did say they made you wait 16 months, meaning that your claim was accepted.
Because your claim is accepted, the carrier would be on the hook for your continued medical care and wage loss so indirectly they do pay for their incompetence.
You should be receiving Temporary Total Disability until you reach MMI.
Benefits for Temporary Total Disability (TTD)
The percentage of worker's wage paid is 60. For weekly payments, the minimum is $217.61 (20% of SAWW or worker's average wage, if less) and the maximum is $1,088.06, 100% of SAWW. The maximum period of payments is 156 weeks. An additional $6 will be added per dependent if weekly benefits are below $150.
If you have reached MMI and have recieved a rating - you may be entitled to Permanent Partial Disability
Benefits for Permanent Partial Disability (PPD)
The percentage of worker's wage paid is 60% of the difference between the employee's AWW before injury and weekly wage earning capacity after injury. For weekly payments, the minimum is payable, but not statutorily prescribed and the maximum is 75% of the benefits the worker would receive for Temporary Total Disability. For non-scheduled injuries, the maximum period of payments is 260 weeks. The total number of weeks may be extended to 520 if it is found that the employee has suffered a permanent loss of 75% or more of bodily function or sense. Bulk sums are allowed for scheduled losses depending on the extent of loss. An additional $6 will be added per dependent if weekly benefits are below $150. WC benefits are subject to reduction by Unemployment Insurance and Social Security benefits.
Last edited by tony; 05-30-2012 at 01:05 PM.
Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.