How to Deal with Repeat Demands for Disability Letters

[Campanelle]

My workers compensation claim was made in the State of: MA. It has been established and accepted (by WC) that my very specific disability was caused by an accident at work more than 5 plus years ago, yet every time there is a hearing my attorney asks for a new MD letter specifically connecting the disability to the injury. My doctor reports are clear that I continue to be disabled, but no longer refer to the injury. My doctor signed for a permanent disability placard for it years ago.

I doubt after so many years I will ever be able to get any doctor to write anything more than I continue to be disabled. This causes me severe anxiety and has even prevented me from moving, because I would need to find new doctors, doctors, who would be very unlikely to do more than verify my disability. How can I best deal with the request? (My application for ADR was delayed by Covid. I had hoped I would be on ADR and off WC by now).

[tony]

What do you mean by ADR?
Are you receiving comp payments now?
What type of injury?

Tony

[Campanelle]

What do you mean by ADR?
Are you receiving comp payments now?
What type of injury?

Tony

Accidental Disability Retirement. Yes, I receive benefits. I prefer not to be too specific about my injury, except to write it effects all my limbs.

[tony]

Campanelle

every time there is a hearing my attorney asks for a new MD letter specifically connecting the disability to the injury. My doctor reports are clear that I continue to be disabled, but no longer refer to the injury.

Unless you have evidence that this disability is the direct result of a work-related injury or illness you're out of luck.
It may be you have a work related injury that entitles you to comp but you may have other injuries or illnesses not related to your comp injury causing or contributing to the total disability.

In order to collect ADR you must prove that your disability is the direct result of work-related injury or illness that prevents you from doing your job.
There's obviously a problem if your lawyer is repeatedly asking for a new MD letter specifically connecting the disability to the injury. and the employer is refusing to comply.

Also If you are collecting workers' compensation benefits and you are also collecting an ADR pension based on the same injury, then your ADR benefit will be offset by your workers' compensation payments.

Tony

[Campanelle]

I am not receiving ADR, but I applied, because the judge said that I should, unfortunately due to Covid, my application was not acted on, so I recently had to reapply.

Over many years I have supplied WC with multiple doctors’ letters affirming that my disability is connected to the work injury.

I just supplied them with a new one. My concern is the future. My doctors’ are older, retirement age. I am going to need new doctors at some point. I also would like to move to another state with a climate more suited to living with permanent disabilty-no snow. New doctors may not be willing to attest to this.

Once a disability’s connection to a work accident is established it seems unnecessary to keep reaffirming. Do you agree?

[tony]

I am not receiving ADR, but I applied, because the judge said that I should, unfortunately due to Covid, my application was not acted on, so I recently had to reapply.

Covid has nothing to do with the caseloads, they're done virtually. They don't ignore applications you should've received a response or notice of the status there would be no reason to reapply. What does your employer say? - something doesn't make sense here.

Once a disability’s connection to a work accident is established it seems unnecessary to keep reaffirming. Do you agree?

Agree- the problem is your disability has not yet been accepted as completely caused from your work related injury.

Over many years I have supplied WC with multiple doctors’ letters affirming that my disability is connected to the work injury.

Your work injury may be "connected" to your disability, but it may not be the sole factor - you may have other issues contributing to the disability.

Your doctor doesn't have the final say - the employer has the right to a second opinion (an IME)
If this has been going on for years the employer obviously disagrees or there are other issues.
I wouldn't move until this issue is resolved, it'll just complicate things.

It's impossible to comment further without knowing the details of your claim, I'm just responding to what little you've posted.

Tony

[Campanelle]

Covid has nothing to do with the caseloads, they're done virtually. They don't ignore applications you should've received a response or notice of the status there would be no reason to reapply. What does your employer say? - something doesn't make sense here.

Agree- the problem is your disability has not yet been accepted as completely caused from your work related injury.

Your work injury may be "connected" to your disability, but it may not be the sole factor - you may have other issues contributing to the disability.

Your doctor doesn't have the final say - the employer has the right to a second opinion (an IME)
If this has been going on for years the employer obviously disagrees or there are other issues.
I wouldn't move until this issue is resolved, it'll just complicate things.

It's impossible to comment further without knowing the details of your claim, I'm just responding to what little you've posted.

Tony

Tony, You are right about Covid & caseloads. I think it is a fishy excuse. They told my lawyer they forgot about my ADR claim and I must reapply. But what else can I do but reapply? Which I have.

This may be hard to believe I have had more than 7 IMEs over the years. Not one thus far has disagreed that I don’t have an injury which has caused my disease. At the last IME the doctor thought it was strange I was sent to him. He asked, “Why are you even here?” He verified my disability, etc, but suggested an occupational assessment, which I had and which confirmed I was disabled from doing any work.

I don’t have other health related issues that disable me. If I did wouldn’t they have been mentioned?

You confirmed my fear about moving. I feel trapped not only by my disability, but by these circumstances. Years ago my pain management doctor wrote that I should move to a different climate. But I am lucky I have a supportive partner and 2 good lawyers.

If you need more information I could supply it privately.

Thank you,

[tony]

I don't do private conversations, keep it in the open forum.
If you have two lawyers, why is the judge advising you to apply for ADR, that's your lawyers' job to protect your interest.

Why would an IME doc request an occupational assessment if he verified you're totally disabled?
They "don't forget" anything let alone an ADR claim. There's a paper trail that requires a response, especially if you have two lawyers, why didn't they follow up?
Why would your lawyer request a MD letter yearly over seven years?
Now you're referring to your injury as a disease - that's a big difference.

Why do you have two lawyers? Do you have two separate claims? There's not enough money in comp claims for two lawyers to split the fees, that why only one lawyer will handle the claim.
There are a few other things about this thread that don't make sense but you get the point - there's more going on here than what you're posting.
Again, what is your employer and the carrier claiming?

It sounds to me like you're pursuing a contested claim otherwise you wouldn't have all of these problems.

The Disability Retirement Application Process
Applying for disability retirement
Your retirement board has 180 days from the date of receiving your fully completed application to make a final determination
https://www.mass.gov/guides/the-disa...cation-process

Tony