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IC in contempt of court
#1
Hello. I have another question for this forum. I was injured in MO and won my court case against Walmart, and in the court order it stated that Walmart was to provide medical treatment to alleviate pain in my hip, abdomen and groin. Now, however, the claims adjuster will not schedule a cortizone injection in my hip. He told the scheduler at the doctors office that he was not going to approve the payments so they cannot schedule the shots for me.
It has been over a month and he still hasn't approved them.
Is this contempt of court?
Is there a way to get a different claims adjuster seeing this one has been giving me problems and delaying my healing process as much as possible?
What will happen if they are held in contempt of court?
Thanks
 
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#2
probably not; but that would be for the court to decide.
failure to provide awarded benefits by itself does not rise to level of contempt.
for that it would probably require evidence as to their motivation and intention as well a pattern of behavior in other cases.
it may be possible to put enough pressure on the carrier that they would re-assign the case.

you may find information on the work comp legal procedures here
http://www.sos.mo.gov/adrules/csr/curren...r.asp#8-50

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.
 
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#3
(03-12-2012, 11:16 AM)1171 Wrote: probably not; but that would be for the court to decide.
failure to provide awarded benefits by itself does not rise to level of contempt.
for that it would probably required evidence as to their motivation and intention as well a pattern of behavior in other cases.
it may be possible to put enough pressure on the carrier that they would re-assign the case.

you may find information on the work comp legal procedures here
http://www.sos.mo.gov/adrules/csr/curren...r.asp#8-50

Thank you. That website is really helpful.
I talked to my paralegal and she said my lawyer is going to try and get some sort of fees. Could you tell me about that? Does the IC get fined or do we get the fees?
thanks
 
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#4
there are penalties available for delays in providing benefits.
who is paid depends on what benefit is delayed.

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.
 
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