Workers Compensation - Workmans Comp Service Center

 

 

 

 

 

 

 

 

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backpay!!!
07-07-2008, 08:42 AM
Post: #1
backpay!!!
i was wondering is there a certain time limit after you've had your rating and put at mmi that the ic has to start paying you something. as you all know my checks was stopped back in january due to ime report and haven't gotten one in 6 months. since then i've been rated and put at mmi(6/23/08) and i was wondering do i have to wait until my court date (7/18/07) before i start getting money. also if the judge ordered testimony from all my treating doctors and they are all saying i have injury including the ime doctor shouldn't at the very least when i go to court next week i should get my 1/22/08-7/18/08 checks. i'm very nervous because i hate being in suspense. i don't know what to expect. my doctor gave me a disability rating of mild/moderate which in ny state means 25-50% disabled. does anyone know how that works far as coming up with a specific number.
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07-07-2008, 09:57 AM
Post: #2
RE: backpay!!!
I never did get back pay just a lump sum when I settled.....I dont no how it is in you state my Doc gave me mine and a number not a range....so I cant help ya much....But when put at MMI, TTD checks stop in some states and you get your PPD check or a lump sum....there is gonna be a fuss over the range since each point cost them money....the difference between 25 and 50 could be thousands so they are gonna fuss over it....I cant believe your lawyer hasnt told you this and got you to a doc for your own rating......

........I love cats, I just cant eat a whole one by myself......
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07-07-2008, 11:32 AM
Post: #3
RE: backpay!!!
I just went through a Similar Situation in Pa., and it went like this: The i/c has been Paying Me the Wrong Amount since Day One, (3 1/2 Years) and I had to Petition the Court for a Decision on My Correct TTD. I also had 12 Petitions in My Case so Mine May have taken Longer than Yours will, but they Lost, were Ordered to Pay, Appealed for Superceadus, (Not Paying Me the Monies Owed until the Appeal is heard), which was denied, and 30 Days after the Denial from the Appeals Board I was Paid All of My Back Monies with 10% Interest. I Hope this Gives You and Idea, but I think it's going to Depend on how Long it takes the Judge to Make a Decision, and the Appeals Process in Your State. My Case from Start to Finish, a little over 2 Years. My Best to You and I Hope Yours is Much Quicker!!Smile

Failed Back Surgery, Chronic Pain, Totally Disabled.

Knowledge is Power, Especially in the World of w/c. Learn as Much as You can about Your States w/c Laws, and don't Fight Battles alone, They Use Attorney's, and so Should You!!
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07-07-2008, 12:03 PM
Post: #4
RE: backpay!!!
They will dispute the percentage rating. I had that just happen to me. If I would of known what I know now from this website and how wc works, I would of hired another doctor to give me a rating so that when I went to my hearing last week I would of had 2 different doctors, and their IME doctors reports. The whole hearing was about rating of course. Like Jayne said, they will dispute it because every point is thousands or hundreds more. My case could be a extra 14 thousand if the judge agrees with my doctors rating. I have less than 30 days now to find out my judgement. Not like I am counting down the days or anything..LOL

Your lawyer should be telling you to get another rating. One that has a good reputation and does ratings everyday. The bigger the credentials <SP> the better. It all goes by who's doctor they believe more. I have a feeling that because my rating was so high ( 32 ) and their doctor only rated me at ( 10 ) that they may go inbetween.

The only thing I really want is my medical and medication paid for. That to me is a good settlement in itself. I need to still manage my pain and have injections, so this would be a big part in my case also. If you can get a rating done before the 18th I would. You also need time to get the rating on paper to present to the court. So time is ticking.

carpal tunnel recurrence/ neuropathy / RSD.
1/29/07 injury date. Permanent. PIR settlement 8/4/08 10%
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07-07-2008, 12:24 PM
Post: #5
RE: backpay!!!
the doctor that gave me the rating did it based on my fce report. the only thing the ic has over me is the ime back in january said no injury. since then he has changed that from no injury to lumbar injury but no thoracic. so as of right now they have nobody saying i'm not hurt. thats why i was thinking i should at least get my pay from january right. i was wondering if my 25-50% rating is arguable. i know my lawyer wants the 50 and the ic wants the minimum. i hear a lot of people on hear say the judge usually splits the difference in my case 37% but my worry is can that number be under 25%.
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07-07-2008, 12:28 PM
Post: #6
RE: backpay!!!
yep it can if their doc says no injury the split may be between 0 and 25 you may end up going to a court doc and if he says no injury then you could end up with nothing.....

........I love cats, I just cant eat a whole one by myself......
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07-07-2008, 12:55 PM
Post: #7
RE: backpay!!!
the only person they sent me too was the ime doctor and he said no disability back in january. now he saying that i have lumbar injury but not thoracic injury. i've seen 5 doctors and all of them say i have lumbar injury. my 3 personal doctors are saying lumbar and thoracic. the ime and this specialist my job sent me to are just saying lumbar. so i don't possibly see them asking for a 0% rating. my main concern is if i can expect my back pay.
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07-07-2008, 01:06 PM
Post: #8
RE: backpay!!!
if you are not permanantly disabled there is no settlement....there has to be a permanant disability to get any settlement...it doesnt matter whether or not you got hurt they covered that....... what matters is if there is a permanant disability...WC doesnt pay for pain and suffering......If the Docs say NO PERMANNANT DAMAGE then there is no settlement....strain or sprain go away and they dont pay much...... Most likley you will go before a court ordered Doc and the court will take his report since he is supposed to be fair.......I loved my court Doc he found 4 more bad disc that my or their doc didnt find.....since they wouldnt pay for a disc o gram till the court Doc ordered it then they had to.....

........I love cats, I just cant eat a whole one by myself......
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07-07-2008, 01:31 PM
Post: #9
RE: backpay!!!
jayne i do have a permanent disability. i have a pir rating of mild/moderate. in ny thats 25-50% disabled and i been put at mmi.
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07-07-2008, 01:43 PM
Post: #10
RE: backpay!!!
you have to have a number just one not 25-50....Mine was 77% it must be a single number

........I love cats, I just cant eat a whole one by myself......
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