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  1. #1
    Join Date
    Mar 2020
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    3

    Default Workers Comp

    My workers compensation claim was made in the State of: California my workers comp case was finally accepted but now they tell me they can't pay me because the PQME Doctor did not address the retro disability period. I know I have to talk to my workers comp attorney what does anybody know what this means in the meantime thanks please help

  2. #2
    Join Date
    Oct 1971
    Posts
    5,154

    Default Re: Workers Comp

    It means they're not going to pay back pay.
    The question is why didn't the doctor address the retro period, somethings missing here.

    Tony
    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.

  3. #3
    Join Date
    Mar 2020
    Posts
    3

    Default Re: Workers Comp

    I'm thinking maybe something about an accident I had a 1997 it says. all the doctor's reports say it was a worker's comp incident but it wasn't was a customer and they took me to their doctor and said I was an employee I think cuz up theaccident he doesn't know if I was healed

  4. #4
    Join Date
    Oct 1971
    Posts
    5,154

    Default Re: Workers Comp

    I'm thinking maybe something about an accident I had a 1997 it says. all the doctor's reports say it was a worker's comp incident
    So they did address the issue.
    That doctor's job is to evaluate your current injury - he isn't going to reevaluate a 23 year old injury, whether it was a comp injury or not is irrelevant.
    I guarantee they won't pay retroactive for the last 23 years - you can't forget that dream.

    Tony
    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.

  5. #5
    Join Date
    Mar 2020
    Posts
    3

    Default Re: Workers Comp

    the workers comp brought up these old medical records and they also say they want to take subtract now 8% WPI the doctor was first recommending on his report and of course he didn't address retrothat's exactly what the letter from workers comp says that they can't pay me because the doctor didn't address retro paythis is the third report September was my valuation December there was a report and now March and his deposition for the doctor is May 9th what do I do

  6. #6
    Join Date
    Oct 1971
    Posts
    5,154

    Default Re: Workers Comp

    what do I do
    Talk to the man who knows the details of your claim "your attorney" then let him deal with it.
    We can't respond to these questions with the little details you've posted, this place isn't meant to replace legal representation.

    Tony
    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.

  7. #7
    Join Date
    Feb 2007
    Location
    831 East Morehead St., Ste 355, Charlotte, NC 28202
    Posts
    3,790

    Default Re: Workers Comp

    The basic problem is that you have to prove that you were disabled by the injury for a particular period of time, if you want to get TTD benefits for that period of time. The burden of proof is on you, and it is usually met with a doctor's report.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney and Board Certified Specialist in NC Workers' Compensation Law

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