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Lc 5814
#1
Was I premature to file for penalties? All I have is ptp reports as ttd, and qme report as industrial related and a supplemental report as mmi 7 months after initial exam date. The judge said I can be mmi then ttd after so long as it’s within five years and does not exceed 104 weeks. My claim has been accepted but I do not know the date it became compensable.

I feel it is unreasonably delayed because they have known this fact for a long time. My medical has not been paid either.

What can I do now that I’ve already file it. Does the judge make that decision at the msc?
 
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#2
Usually the QME will state in his report what the periods of disability are when there is a dispute. The carrier can still deny it and if so it will have to be litigated. It sounded like the judge wanted this new QME to opine on TTD dates?

I still recommend discussing this with an I&A officer on what should be filed and when.
I am not an attorney.Anything I write should not be considered legal advice.I am writing from my own personal experiences,which is not from any sort of legal background. You should consult with an attorney over legal issues. In California, if you cannot get an attorney you can consult with an I&A officer.
 
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#3
(11-09-2018, 07:57 PM)California_Help Wrote: Usually the QME will state in his report what the periods of disability are when there is a dispute. The carrier can still deny it and if so it will have to be litigated. It sounded like the judge wanted this new QME to opine on TTD dates?

I still recommend discussing this with an I&A officer on what should be filed and when.

That’s exactly what the judge said.

I’ve spoke with I&A and I was told I can file as long as I have any doctors report showing ttd dates. I went back the week before hearing and ask I&A if I needed to provide any documents to defense that I plan on bringing. They told me to just bring everything I have and the judge will make a decision. It sounded simple enough but it was the opposite. I think he might have been a little frustrated with me since I was unconventional. He was going back and forth between two courts.

So the carrier can still deny even if pqme says ttd and gives dates? Would I have to go to third panel?
 
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#4
(11-10-2018, 01:55 AM)Lostandconfused Wrote:
(11-09-2018, 07:57 PM)California_Help Wrote: Usually the QME will state in his report what the periods of disability are when there is a dispute. The carrier can still deny it and if so it will have to be litigated. It sounded like the judge wanted this new QME to opine on TTD dates?

I still recommend discussing this with an I&A officer on what should be filed and when.

That’s exactly what the judge said.

I’ve spoke with I&A and I was told I can file as long as I have any doctors report showing ttd dates. I went back the week before hearing and ask I&A if I needed to provide any documents to defense that I plan on bringing. They told me to just bring everything I have and the judge will make a decision. It sounded simple enough but it was the opposite. I think he might have been a little frustrated with me since I was unconventional. He was going back and forth between two courts.

So the carrier can still deny even if pqme says ttd and gives dates? Would I have to go to third panel?

If they deny the TTD even after this QME opines in your favor then I would recommend filing for a hearing.
I am not an attorney.Anything I write should not be considered legal advice.I am writing from my own personal experiences,which is not from any sort of legal background. You should consult with an attorney over legal issues. In California, if you cannot get an attorney you can consult with an I&A officer.
 
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