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05-03-2018, 09:06 PM
(This post was last modified: 05-03-2018, 09:07 PM by kibby.)
I'm not waiting for P&S. I've been P&S since Jan of 17. I've been rated since Jan of 17. The last time I saw the QME was in Jan of 17. Didn't get PDA's until January of 2018. TTD that was supposed to be paid from 2014-2017(104 weeks) was late and I received it May of 2018. I never have to see the QME EVER again but he has been deposed twice since Jan of 2017 up until this date.
Sorry I was unclear.
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05-04-2018, 07:01 AM
(This post was last modified: 05-04-2018, 07:02 AM by kibby.)
Finally filed for petition for penalties through the wcab. I don't think they will accept it because I have an attorney but hopefully they do so I don't have to give him 15 percent of penalties he didn't even bother to file for. All he ever does is ask, defense. He has never asked the courts or filed a petition
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ok; it's always been a retroactive TD issue.
it's rare that TD period is not determined at time PD award is issued.
maybe your situation is a bit too complex for a message board.
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(05-04-2018, 02:17 PM)1171 Wrote: ok; it's always been a retroactive TD issue.
it's rare that TD period is not determined at time PD award is issued.
maybe your situation is a bit too complex for a message board.
Yeah, I think it may be too complex :

So today, my attorney asked me for my routing number, account number etc so he can have the check that was sent out to me voided and so he can have a new check sent out because he feels they skimped him on his 15 percent. He kept using the word contested and not the word litigated. He never went to court to get this money. :

feel like this is a cat and mouse game of bs.
Also today, I told him that my PD needed to be upped by 15% because I am eligible for a voucher and I am unable to go back to work.. he replied" stop trying to play lawyer, when you play lawyer things don't go well because you don't know what you are talking about. That was an incentive for employers to take their employees back, you're not eligible for that because that code was from 2006-2012 and even though your injury was in 2012 you aren't eligible for an extra 15 percent" I quoted him the code and he said" I don't know what you are reading but its wrong"
Sigh. I finally got ahold of another attorney who I am paying 250 dollars per hour to look over my case.
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Once PD has been awarded and atty fee paid it's generally too late to get out from Under bad representation. Too bad we couldn't be of more help.
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Be prepared for possible bad news.
I don't know if you are still following this thread.
I just realized from an earlier post that your claim is now with the Insurance Guarentee Association.
if my memory is correct-and it may not be especially with recent caselaw- the laws on payment of penalty have been limited to employers and carriers but do not apply to CIGA. so you may not be able to collect.
you might be able to contact them for information/confirmation.
http://www.caiga.org/consumers_claims.html
again, your case is complex and without a knowledgeable atty there is a lot of hit and miss information.
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.