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process after adiministrative hearing
08-27-2011, 11:54 AM
Post: #1
process after adiministrative hearing
[/u]my state Florida

I was injured on before 7 months 2011 work,injured my right arm,neck and back from fall.Report everrything to my supervisor and office right away,made accident report and went to solantic baptist.This is were nightmare began,I was treated only for right arm doctor refusing treating me for back and neck,sending me on mri for shoulder and wrist.I complaint about neck and back and doctor just send me to another occupational doctor who also refuse to treat me for neck and back,treating my shoulder only for sprain/strain.I had to take attorney to fight to send me on mri for back and neck.Mri of neck showed bulging discs and mri of back discogenic pain,after that doctor said that s nothing I m sending you to full duty job after almost 2 months.I was barely walking,I knew something is wrong.During that time I receive only 2 checks from WC.I was unable to go to work so I went to my doctor who put me on medical leave and send me again on mri of back and neck.Mri of back showed annular tear with disc herniation and on neck muscle spasms with hemangioma.With those findings I call insurance company to approve me to go back to solantic and show doctor new findings,they agree.When I got to solantic office manager told me that she spoke with one of the bosses from WC and that they deny my claim in full.I end up on surgery which I had to pay my private insurance didn t want to pay on lumbar spine after Ct scan showed pars fracture on L4-5.After that I receive letter for mediation on which I didn t go because they offer me 15,000 at most 30,000$ and I m scheduled for 2 nd surgery not to mention that all of their mri reports were piece of s....,do not ever trust what they write in the mri reports at least that was my case.I took 1st and 2nd reading and send to 3 reading to experts in radiology Radiia and they basically agree with second opinion regarding mri s,comparing those 1 st from workers comp.saying that nothing is wrong.They treated me from the beginning totally wrong.I have supraspinatus and bursitis plus bone contusion on shoulder,neck cervical lordosis(muscle spasms) with spondylosis and lumbar L4-5 herniated disc with annular tear and pars fracture.I am scheduled for October for administrative hearing because the WC still denying my benefits saying it s not work related.I know I don t wan t to settle because I have now major problems with back and right arm,I just want to know what happens after administrative hearing will they start paying my benefits and all my bills or I will have to proceed to trial?Thank You
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08-27-2011, 12:42 PM (This post was last modified: 08-27-2011 12:43 PM by 1171.)
Post: #2
RE: process after adiministrative hearing
there is no trial after an OJCC hearing.
either party can appeal a decision to the state court of appeal.
if your case is not appealed, the OJCC decision is final.
whether the OJCC will order full benefits or not is unknown and depends on the evidence presented.
more here
http://www.jcc.state.fl.us/jcc/
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08-29-2011, 10:23 AM
Post: #3
RE: process after adiministrative hearing
(08-27-2011 12:42 PM)1171 Wrote:  there is no trial after an OJCC hearing.
either party can appeal a decision to the state court of appeal.
if your case is not appealed, the OJCC decision is final.
whether the OJCC will order full benefits or not is unknown and depends on the evidence presented.
more here
http://www.jcc.state.fl.us/jcc/

Thank You so much for answer,I was confused about all of this because when I was talking with my attorney he told me that we have administrative hearing and we had to prepare for trial.I was like confused and even ask him so why am I going to adiministrative hearing if I m going to trial.He said don t worry I know how this works we have to be prepared for trial even though I think the WC will settle with us before trial.We have strong case by that I mean all of the medical evidences,my deposition was less than an hour.Attorney from WC didn t even have a copy of denial letter sent to me,so I don t know why they are trying to make things more difficult by dragging me to hearing.
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