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Can I move?
#1
Since I am finding it almost impossible to get to my appt. without help
has anyone moved to be close to relatives who would help .
I am on my own to get to dr and medical appts and where I live there is no transportation. My sister suggested I move in with her until I get treated and have my surgery.
Is this even possible?
Can I get treated in another state?
"Laughter is the tonic, the relief, the surcease for pain"
 
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#2
you can if you can find a doc that will take out of state WC
........I love cats, I just cant eat a whole one by myself......







 
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#3
some states require that you apply for approval.
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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#4
I would like to know what states require pre-approval before you move while recieving work comp benefits?? There are a number of federal rules and regulations that prohibit such things.

You can move wherever you like and your claim for WC benefits will still be intact. The only problems you will run into are what Jayne mentioned. Finding a doctor that will accept out-of-state work comp payments.

It can be done and isn't that hard. It will require a bit of phone work to find a doctor. I've done it 3 times. The only problem is find a doctor.
 
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#5
stiff:
http://www.ica.state.az.us/forms/workers...eState.pdf

can you provide cite where this is against federal law?
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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#6
I've lost most of my notes so it will take me a while to reconstruct them.


http://caselaw.lp.findlaw.com/data/const.../33.html#1

The Right to Travel

Durational Residency Requirements .--A durational residency requirement creates two classes of persons: those who have been within the State for the prescribed period and those who have not been. 1 But persons who have moved recently, at least from State to State, 2 have exercised a right protected by the Constitution of the United States, and the durational residency classification either deters the exercise of the right or penalizes those who have exercised the right. 3 Any such classification is invalid ''unless shown to be necessary to promote a compelling governmental interest.'' 4 The constitutional right to travel has long been recognized, 5 but it is only relatively recently that the strict standard of equal protection review has been applied to nullify those durational residency provisions which have been brought before the Court.


Thus, in Shapiro v. Thompson, 6 durational residency requirements conditioning eligibility for welfare assistance on one year's residence in the State 7 were voided. If the purpose of the requirements was to inhibit migration by needy persons into the State or to bar the entry of those who came from low-paying States to higher- paying ones in order to collect greater benefits, the Court said, the purpose was impermissible. 8 If on the other hand the purpose was to serve certain administrative and related governmental objectives--the facilitation of the planning of budgets, the provision of an objective test of residency, minimization of opportunity for fraud, and encouragement of early entry of new residents into the labor force--the requirements were rationally related to the pur pose but they were not compelling enough to justify a classification which infringed on a fundamental interest. 9 Similarly, in Dunn v. Blumstein, 10 where the durational residency requirements denied the franchise to newcomers, the assertion of such administrative justifications was constitutionally insufficient to justify the classification.


However, a state one-year durational residency requirement for the initiation of a divorce proceeding was sustained in Sosna v. Iowa. 11 While it is not clear what the precise basis of the ruling is, it appears that the Court found that the State's interest in requiring that those who seek a divorce from its courts be genuinely attached to the State and its desire to insulate divorce decrees from the likelihood of collateral attack justified the requirement. 12 Similarly, durational residency requirements for lower in-state tuition at public colleges have been held constitutionally justifiable, again, however, without a clear statement of reason. 13


A state scheme for returning to its residents a portion of the income earned from the vast oil deposits discovered within Alaska foundered upon the formula for allocating the dividends; that is, each adult resident received one unit of return for each year of residency subsequent to 1959, the first year of Alaska's statehood. The law thus created fixed, permanent distinctions between an ever-in creasing number of classes of bona fide residents based on how long they had been in the State. The differences between the durational residency cases previously decided did not alter the bearing of the right to travel principle upon the distribution scheme, but the Court's decision went off on the absence of any permissible purpose underlying the apportionment classification and it thus failed even the rational basis test. 14


Unresolved still are issues such as durational residency requirements for occupational licenses and other purposes. 15 Too, it should be noted that this line of cases does not apply to state residency requirements themselves, as distinguished from durational provisions, 16 and the cases do not inhibit the States when, having reasons for doing so, they bar travel by certain persons. 17
 
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#7
Cool
thankx. interesting.
Shy
looks like it's a subjective situational standard and not a universal prohibition against any restrictions on movements out of state.
I suspect like the welfare restriction mentioned in your post as well as the usual child custody situations, Arizona workers comp has proved up a "compelling government interest" exception.
Smile
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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#8
Maybe they did prove some kind of "compelling interest". Or it could be that this is just a another one of those regulations from days gone by that's still on the books.

I've been following another case where the IE's benefits were controverted because they refused to travel out of state(1500 miles)
for an employers IME. The Supreme Court in that state said that the IE cannot be compelled to travel that great of a distance when there were other medical professionals that were closer to the IE's home. It seems this would prevent "doctor shopping" by the employers IC.

I'll get back to working on digging up my notes. I just need to remember where I put them.
 
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#9
right.
reasonable travel rules are often used in state comp systems and they apply to both parties.
that's a much different issue then a federal law prohibiting states from restricting out of state travel of injured arizona citizens.
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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#10
Queenbee, I have moved from state were I was injuried and had no problems with wc. When I broke a leg and was in DE moved home to IL. Also when I hurt back, moved to be with oldest daughter as was having a lot of trouble walking and needed help with youngest child. Did not have any problem getting treated. Sure glad I did as when test redone complete different plan of treatment. Healed both times. Then when I got hurt this last time was in Ne and came home to Il for treatment and didn't have any problem getting care.
Just let casemanager know why you are moving and were you will be. Expect some delay with your checks. For some reason wc has a problem get the address change.. Also make sure you let your lawyer know where you will be.
Hope this helps
RNvic
May God send his angels to hold you in his arms
 
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