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Independent Medical exam after case closed
#1
I hurt my back the day after Christmas.1 herniated disc 1 bulging disc. I have been seen by 2 work comp doctors and had 12 weeks of physical therapy. After the 12th week the doctor felt I was as good as I was gonna get and sent me for a fce. I was given an impairment rating of 7 and told I would receive impairment pay for 24 weeks. My comp case was closed in March. I have yet to receive any pay. I requested temporary partial disability during the 12 weeks and the impairment pay after the 12 weeks. After a refusing of the insurance company to pay I requesterd a hearing. The hearing was set for next week and today I received a letter from the insurance companies lawyers requesting a postponement so they could complete an IME. Is this legal or just another delay? Their reason for nonpayment is the company accepted my injury as medical payments only. What should I do? Thanks in advance for any info.
 
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#2
I know others will be around, who have more info. than I do, but I wanted to let you know that I understand the frustration of the i/c postponing a hearing. That happened to me a number of times. But I know that the last time, my lawyer called me and said that they were requesting a postponement but that it was my decision...if I wanted to allow this or not. I don't know if it is a state thing or if you have the final say. I am assuming that you don't have a lawyer...could you consult with a lawyer, for free? There is also an online co. called Kasamba, where you can pay a small fee to ask a lawyer specific questions. I have used it before to ask Drs. questions and it was a specific fee to answer several questions. You can email, chat or phone them.

I hope others will be able to give you more specific answers. Good luck and keep us posted.
 
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#3
Georiga back- it is not unual for them to look for reason to post pone. I have had three of four postpone hearing in the five years, but when we got to court they would make up the back pay each time. usually took 3-4 months to get to court. If you do not have lawyer get one. Look for one that specializes in w/c. Thet will get paid out of what they get for you. Before signing anything ask questions and check out more than one. Then chose the best. Good Luck and welcome to the forum.
May God send his angels to hold you in his arms
 
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#4
Georgia,

So were you put at MMI with a certain impairment? Permanent impairment etc? I had a rating done with a doctor of my chosing. If you want to get one done at your cost to submit to the ic would also probably be a good idea. You should have a percentage rating. I also was sent for a IME through the IC's lawyer. Of course they pay them well to go against you. From what your post said, you were rated with 7%? That does not seem to high for the Ic to fight. I am sure you will have to go for the IME as the ic will do anything to get a doctor to say that there is either nothing wrong, or your rating should be lower.


I do not see how they closed your case when you are going to be going for a IME still etc. This does not sound right at all. Hopefully you do have a lawyer to help you through this mess called " workers comp". A good advice of something I just learned. Get all the medical records of yours as soon as you can and make copies. You know you will be going for a hearing and they give you a certain amount of time to gather all the info. It will save you alot of time before the hearing. Make sure you have an appointment set up with your treating doctor around the time after the IME exam so your doctor can read the results and make his/her comments after.
carpal tunnel recurrence/ neuropathy / RSD.
1/29/07 injury date. Permanent. PIR settlement 8/4/08 10%
 
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#5
you can file an objection to their request for a delay.
........Each state has their own comp system; POST YOUR STATE to get accurate information.........
 
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#6
Thank you all so much for your responses. My company has a policy if you bring in a lawyer and request a settlement you must resign from your job. I have 4 kids and like my job and with the way the economy is I don't want to have to try to find another, I have been at my job almost 10 years and I am back to work finally at my regular hours and overtime. It was the companies doctors who gave me the impairment rating and said I would get the pay. It wasn't until I didn't receive my pay Its been6 months and they owe me about 20,000.00 that I wanted the hearring. Now the insurance company wants anothers Doctors opinion. I have been to 2 of theirs and my private Doc they all say the same thing. My private Doc says I would benefit from a fusion but I really don't want to go there!! Can a company accepy a claim as medical only? I have never been thru this before and hopefully never again. Should I go to this 4th Doc even though they closed my work comp case in March? This is really a pain in more than 1 way. I just want my back pay and go on with my life.
 
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#7
My Opinion Only, but I don't think You are going to get this Settled Correctly without Hiring an Attorney. They are bouncing You around, and they are going to until You can Make them Stop, and I'm not Really Sure Legally in the Good U.S. that You can be Fired by invoking Your Constitutional Right to Have Counsel! You may want to Check into this a Bit Further! Best of Luck, I Hope You get this Straightened Out!!Wink
 
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#8
Icalled the Ga workers Comp Board and a couple of lawyers and they told me since Ga is a right to work state my company can basically do what they wanted. If I obtain a lawyer they will only allow me a settlement and then resign my job. If I am only going after my lost wages without an attorney I do not have to resign. Thanks for your response
 
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#9
its called comp and release......you may never get your back pay without a lawyer.....your life your choice
........I love cats, I just cant eat a whole one by myself......







 
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#10
If that's the way they treat injuried employees I woulda quit last week...
 
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