10-14-2013, 10:45 PM
California.
My attorney filed to reopen my claim due to subsequent injury. The insurance company/attorney sent me to AME in January 2012 for eval and rating. He deferred his rating pending referral and report from an additional specialist. I have waited 18 months attempting to get this referral which was finally court ordered 6 months ago and I am still waiting for it to be set.
Question: I am only a few short months away from the 5 year statute of limitation on reopening of a claim. Will this delay in getting the referral and rating on this additional portion of my claim be barred by the five year limit? Or, am I OK since my attorney already filed the claim be enough (IC has not accepted the claim and has done everything possible to delay the referral even though the preliminary report from AME indicates it is "industrially related")?
My attorney filed to reopen my claim due to subsequent injury. The insurance company/attorney sent me to AME in January 2012 for eval and rating. He deferred his rating pending referral and report from an additional specialist. I have waited 18 months attempting to get this referral which was finally court ordered 6 months ago and I am still waiting for it to be set.
Question: I am only a few short months away from the 5 year statute of limitation on reopening of a claim. Will this delay in getting the referral and rating on this additional portion of my claim be barred by the five year limit? Or, am I OK since my attorney already filed the claim be enough (IC has not accepted the claim and has done everything possible to delay the referral even though the preliminary report from AME indicates it is "industrially related")?
