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Backpay after Full Commission Appeal VA
#1
New here (hello!), and tried searching for this topic but couldn't find what I was looking for, so here goes.
The back story: After nearly a year, the IC denied me. That was April 2012. I requested a hearing (with an attorney) with the commission. First opinion in my favor with the single commissioner. IC appealed, and I went on to win again with the full commission. That was early Sept. If they didn't appeal, they were ordered to resume TTD, backpay of over a year plus interest, and attorney fees. They didn't appeal.
The IC has resumed medical; they have authorized Dr appointments and treatments. I've talked to the paralegal (we email more frequently than I speak with the attorney), and she told me that they (her and my lawyer) have been working with the IC to send in any paperwork they have requested to start back up payments, and that it won't take months and months to get the backpay and restart the TTD.

How long does it take for the IC to start paying once again? How long can they legally put off paying me?
Thanks!
 
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#2
there is no set time or automatic enforcement. if you don't do anything, no one else cares.
generally penalties start when the appeal time expires.
they can put off paying as long as they want-the penalties just get bigger.
you need to go back to court and request penalties.

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
Thanks for the reply.
I had asked the paralegal if the 20% penalty applied for delay of payment. She said it didn't in these cases. I looked up the code, and couldn't really make out how they can get around it, but I'm not a lawyer. I have thought about putting in a quick call to the customer service line at the VA commission and asking. I like my lawyer, and her paralegal is very nice but also fairly new to the practice.

If going back to court will speed it up and force them to pay penalties, I'll gladly go that route! Even if she is correct about the penalties; I have no problem going back to court to get things done. That seems to be the only way to make things happen!
 
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