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What Proff Would Comp Have That I Voluntarily Gave Up My Job
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10-18-2008, 10:48 PM
Post: #1
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What Proff Would Comp Have That I Voluntarily Gave Up My Job
Why would comp say such a thing. I have to go to court with my update medical know problem all doctors have allways wrote 100% disable, except a couple times my doctor wrote out of work indefenitely comp whats him to say 100 % witch he will. put why would they say i voluntarily" retires . And want to revoke my pay. I have RSD
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10-19-2008, 09:43 AM
Post: #2
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RE: What Proff Would Comp Have That I Voluntarily Gave Up My Job
I had something similar happen to me.
I hired an attorney 10 months after my injury. By this time I'd had one surgery and was released to return to work with no restrictions. At this point in my claim I had major mobility issues ans had trouble walking, my medical had been terminated since I was at MMI, and my employer refused to give me any work. I made the decision to hire an attorney, and had a court hearing to restart my benefits. Previous to this hearing the insurance companies attorney said I had been terminated from employment with cause. In court I presented evidence showing I was still employed. My attorney told me if the insurance company can show you quit your employment or are terminated with casue then they are released from the responsibility of paying for the employee's wc benefits, it is a ploy insurance companies use. My employer has a web site that currently listed me as an employee, ( at the time I was going to court)I printed my employment documentation and showed it and my current time card (also printed from the web site) in court. Most employers have an exit interview with an employee at termination. If you have been terminated or quit your employer would need to show proof that you no longer worked for the company, perhaps your signature on paper work. |
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10-19-2008, 11:23 AM
Post: #3
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RE: What Proff Would Comp Have That I Voluntarily Gave Up My Job
Unless you provide the IC with documentation of employers you contacted looking for work , the IC can file for a " voluntary removal from the work force " judgement.
7 Yr survivor of the NY State workers compensation system |
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10-20-2008, 05:21 AM
Post: #4
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RE: What Proff Would Comp Have That I Voluntarily Gave Up My Job
When you reach MMI your medical should NOT be terminated. I have been at MMI for over a year now and still go to PM and receive injections for RSD pain relief. I go to PM every month and have scheduled appointments for the gangloin injections. Also you should be paid mileage to and from the doctors and medication reimbursements.
carpal tunnel recurrence/ neuropathy / RSD. 1/29/07 injury date. Permanent. PIR settlement 8/4/08 10% |
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10-20-2008, 08:05 AM
Post: #5
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RE: What Proff Would Comp Have That I Voluntarily Gave Up My Job
Sparkey, you are correct in the fact with perm. restrictions medical should be left open.
After my first surgery when I reached MMI the doctor gave me no perm. restrictions and my medical was terminated. Couse, that is when I hired an attorney |
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10-20-2008, 11:25 AM
Post: #6
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RE: What Proff Would Comp Have That I Voluntarily Gave Up My Job
In Your Other Thread, I asked if You had Applied for SS or SSDI? If You applied for SS (Social Security Retirement Benefits) You ARE Removing Yourself from the Workforce, You are Retiring!! SSDI is for a Disability, and that is Viewed as not Removing Yourself, but Asking for Relief due to Your Injury, which May at Some Time either Heal, or allow You to Possibly Work Again, and that keeps You in the Workforce as Disabled. So if You could Please let Us know what You Applied for, it May be a lot Easier to Answer Your Questions!;)
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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10-20-2008, 09:09 PM
Post: #7
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RE: What Proff Would Comp Have That I Voluntarily Gave Up My Job
Still in Limbo Wrote:In Your Other Thread, I asked if You had Applied for SS or SSDI? If You applied for SS (Social Security Retirement Benefits) You ARE Removing Yourself from the Workforce, You are Retiring!! SSDI is for a Disability, and that is Viewed as not Removing Yourself, but Asking for Relief due to Your Injury, which May at Some Time either Heal, or allow You to Possibly Work Again, and that keeps You in the Workforce as Disabled. So if You could Please let Us know what You Applied for, it May be a lot Easier to Answer Your Questions!;)Hi I thought i told you, I applied for SSD and was approved. In New York SSI is for lower income familys i did not qualifey because of my husbands pay, It said in 4 to 5 years they will check to see if i am getting better. Im sorry im so confussed If rsd doesnt do me in comp will. This would have to be it because of ssd. Comp pays me 120.a week, SSD pays me 233.41 a month i did not go over 80% and i am not at mmi. I hope you can make sense of this. I thank you for even trying to figure out this mess. |
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