Hello There, Guest! Login Register
Index    |     Search    |     Members    |     Help

Thread Rating:
  • 0 Vote(s) - 0 Average
  • 1
  • 2
  • 3
  • 4
  • 5
Attorney Games?
#1
I have not posted in several months due to loss of family members and related issues. In that time my WC case is standing still.

The WC insurance company released me from medical benefits (without consulting a doctor) and my weekly checks are coming out of thew compensation (I pay the attorney a check each month now per our agreement).

My attorney states is has asked the insurance attorney to discuss MMI but continues to receive no reply (months). My employer offered me a position in July which I turned down due to my not being able to work (no improvement with my back).

At that point they released me from medical benefits. My employer has not released me yet they have replaced me.

I have been on WC since 12/2013.

I am on SSDI since June and will get Medicare soon. I like my attorney but it is tough getting concrete answers from him unless he has a concrete answer.

Problem is that I think I may need surgery down the line but my attorney said that if I go for MMI the medical will be done.

I turned 61 in December and need to move to AZ for my health if I can ever settle.

Sorry if I am so vague, my other threads may make more sense.

Thanks
“The more you can escape from how horrible things really are, the less it's going to bother you...and then, the worse things get.”
― Frank Zappa
 
Reply
#2
i'm not sure what information you are looking for.
each state has separate rules controlling comp benefits.
you can change attys at any time.
contact other attys specializing in comp before deciding to switch.
either side can request a court date at any time and the judge will decide what benefits should be paid.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
Reply
#3
you're welcome.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
Reply
#4
(01-30-2015, 10:10 PM)1171 Wrote: you're welcome.

I apologize for not replying. Thank you for the information. Actually everything remains the same. My attorney continues to say as long as they send me a check then he really can't force them to settle. He also tells me that the other attorney will not return his messages. No more medical, they released me and send checks to my attorney.

I am not wanting to have change attorneys. (I would have to pay him for time thus far) I have asked for a meeting with him to discuss my concerns.

Each month I have to give one of my checks to my attorney as the medical benefit are closed and the checks are coming out of the settlement?

I want to discuss filing with the Iowa Court and force them to a judges and force to settle.

I am on SSDI and not sure if that has any bearing on what is happening?

I am beginning to really worry that it will all collapse ...
“The more you can escape from how horrible things really are, the less it's going to bother you...and then, the worse things get.”
― Frank Zappa
 
Reply
#5
I assume the "they" that released you from treatment are your doctors.
your atty is correct: a carrier is not required to offer you a buyout of benefits if they would rather make required payments.

you don't have to settle to move to arizona; they can send your checks there.
if your state doesn't provide treatment after MMI and you expect surgery in the future, why would you settle and leave yourself without coverage?
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
Reply
#6
(04-10-2015, 06:52 PM)1171 Wrote: I assume the "they" that released you from treatment are your doctors.
your atty is correct: a carrier is not required to offer you a buyout of benefits if they would rather make required payments.

you don't have to settle to move to arizona; they can send your checks there.
if your state doesn't provide treatment after MMI and you expect surgery in the future, why would you settle and leave yourself without coverage?

By "They" I am referring to the Insurance Carrier. I have not been to their doctor to determine MMI. They sent me to see an ortho who said I needed another surgery, I said no as I had other doctors who said that why would a third surgery be any different... I said I would like to try pain management and never heard back from them. The next thing my attorney said they closed my case (as in insurance payments) then checks went to compensation.

I am so confused. I requested a meeting with my attorney to get some answers. I assume I can still ask to have surgery, but I am afraid it could be worse...

I am not moving to AZ now as I may never get a lump sum from them... a check a week for the next ? is next to nothing.
“The more you can escape from how horrible things really are, the less it's going to bother you...and then, the worse things get.”
― Frank Zappa
 
Reply
#7
the carrier cannot arbitrarily stop providing treatment without medical evidence to support the decision.

Iowa has a process where you can apply to the court for an order to reduce your permanent disability award and have it paid in a single discounted lump sum. it's called a commutation.
here is the form
http://www.iowaworkforce.org/wc/forms/14...llable.pdf
ask your atty about it.
if you don't have any medical, it will at least get your permanent disability
(determined after you are MMI) reduced to a lump sum payment.

Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
Reply
#8
(04-11-2015, 11:09 AM)1171 Wrote: the carrier cannot arbitrarily stop providing treatment without medical evidence to support the decision.

Iowa has a process where you can apply to the court for an order to reduce your permanent disability award and have it paid in a single discounted lump sum. it's called a commutation.
here is the form
http://www.iowaworkforce.org/wc/forms/14...llable.pdf
ask your atty about it.
if you don't have any medical, it will at least get your permanent disability
(determined after you are MMI) reduced to a lump sum payment.

Thank you very much for your insight. I am going to bring this up with my attorney. Makes sense. Currently I am getting paid weekly from whatever compensation I will get after MMI.
“The more you can escape from how horrible things really are, the less it's going to bother you...and then, the worse things get.”
― Frank Zappa
 
Reply
#9
you're welcome.
of course you can always ask them to stop the payments so there will be a large amount later.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
Reply
#10
I live in Virginia and work for a company in Virginia as construction Inspector, my company sent me to Washington DC for site inspection, the contractor working for the client hit me with a crane shoring, ( third party involvement). I had 5 fractures in hip and pelvis, and 3 disc damaged and left shoulder misaligned, after 7 months of leave on my request my Dr. allowed me to go back to work with 45 minutes driving restriction, normally we have to drive much longer specially when we have projects in DC, my employer told me we don't have a job for you, my doctor also asked me to come back after a month and I may be a candidate of surgery, one for shoulder and I for back.
My insurance company stopped my weekly check and I am out of work since the beginning of this month, my attorney told me I only worked for a month so I have no benefit of FMLA and look for a job but most of the companies after finding my driving restriction turn me down, I put my car on sale to pay rent, my nurse case manager lied to me by saying going back to work itself is a theraphy and if I can not work all my hours they have to pay the difference.
My question is can they stop a check like this?
btw my attorney never returns my calls and seldom replies to my emails and if he does it's only 1 line, it appears to me that he does not even read my entire email, and often gets annoyed if I ask him any question usually he says he is on a dead line or he has a client waiting.
 
Reply
  


Possibly Related Threads...
Thread Author Replies Views Last Post
  Pain Games Richard+Catz 2 1,437 06-01-2016, 04:21 PM
Last Post: California_Help
  my company playing games missjhawk 3 2,179 12-05-2013, 10:38 PM
Last Post: 1171
Sad IC playing games lonelylib81 11 6,204 04-10-2013, 10:47 PM
Last Post: bronco54501
Exclamation My job is playing games lizdawiz82 8 5,096 09-29-2011, 02:37 PM
Last Post: lizdawiz82
  Employer playing games ammowoman 4 3,429 07-26-2011, 01:17 PM
Last Post: ammowoman
  WC BS Games Again Cervical_Fusion 8 6,565 04-03-2011, 12:43 AM
Last Post: AQA
Question WC playing games with me, what can i do? kylee 6 5,678 12-07-2010, 05:19 PM
Last Post: orange
  Games they do play bodybuilder1958 1 2,480 10-27-2009, 12:03 PM
Last Post: Manley2
  Games Employers Play UndercovrAngel 6 7,169 10-17-2008, 01:00 PM
Last Post: Still in Limbo
  Has anyone hired another attorney to fight Dr. reports or Attorney mishandeling Confusedd 17 13,909 02-26-2008, 04:05 PM
Last Post: Still in Limbo

Forum Jump:


Browsing: 1 Guest(s)