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Mri reading??
#11
if the carrier gets an opinion from their doctor, it's pretty to difficult to explain to the employer/policyholder why they didn't follow it.
no, they won't accept the claim without a court order.
the most they would do is settle it-but that can be difficult when there hasn't been much treatment and no one knows how serious the consequences will be.
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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#12
Just an FYI:

Kidney cysts are common and rarely painful or symptomatic although possible. THey are an incidental finding in most cases
 
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#13
(08-13-2013, 03:17 PM)Cycler Wrote: Just an FYI:

Kidney cysts are common and rarely painful or symptomatic although possible. They are an incidental finding in most cases

i have a upcoming hearing on the 25th of this month. just curious if the judge looks over the facts and makes the decision or can the workers comp lawyer say no were not going to pay and i have to appeal that decision and drag it on longer without getting med. treatment or pay? thanks again

oh by the way its the first hearing since the denial I'm assuming its called a fact hearing. one last thing is that i saw a doctor and a chiro. twice after the denial letter. They both wrote up statements that in general said i do have a work related injury. I sent the info to my job and im assuming that they sent it to the workers comp. insurers. Now would that make it easier on them coming to and agreement at the fact hearing. Or can they still want to dig their claws into the ground and deny at the hearing and i would have to appeal that decision. thanks for any input. this has just been a all around down in the dumps journey. This has been a really depressing couple of months. Its nuts what people get hit with just browsing thru this forum i see i'm not alone.
 
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#14
depends on the issue. if they are denying the whole claim then no benefits are paid while it's being appealed. if they are just denying a single issue or benefit, then only the benefit in dispute is withheld during appeal.
having supporting medical opinions as evidence may make your chance for success greater.
any decision can be appealed. if they have no evidence, then they can be penalized by the court for frivolous litigation.
some employers risk it, others don't.
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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#15
thanks. well the little bit of evidence they have is so circumstantial. Small kidney cyst are very common as stated above. I don't have any of the referring pain that they would give out if they were problematic. Well i will report back and let u guys know how the hearing went. thanks again. Wish the laws were changed on how this whole process gets handled and how long it takes to get handled. well anyway thanks again guys.
 
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#16
of course, that is for the judge to decide.
the carrier will never go with the injured's interpretation of the evidence anymore then an injured would accept theirs.
that's the whole purpose of the court system - to be more impartial then either side.
whether it is common or not or whether the absence of pain is explainable or not depends on how persuasive the medical evidence is on both sides.
the comp laws ARE being changed in most states.
every year it's much more difficult for workers to get work comp benefits in states with republican dominated legislatures/government officials.
remember that when you vote.
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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#17
long time no talk to how is everyone. any way i had my pet. hearing today. everything went smooth. they set me up to get a ime and if the ime checks out i will start getting paid. if not then i have to go further. anyway well the ime is in the scheduling process on their side (i think they have 3 months to do it). any way could i still collect some form of short term disability?? Just haven't had any money coming in for about 2 months now and i would have to have to it drag on longer if the ime doesn't go well. also has anyone here had good reports back from a ime appt? just curious because it would seem one sided since they are doctors hired by the insurance co.
 
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#18
disability periods/payments depend on when you are determined to be at MMI. the IME will have an opinion on that.
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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#19
got ya. i hope the upcoming ime wont be so one sided.
 
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#20
if the opinion is ambiguous or supports both sides it really won't help resolve the issue.
if you choose a doctor you would hope they support your claim. when the employer/carrier chooses, they have similar expectation for their side of the dispute.

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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