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refusal to pay weekly comp check
#11
Look, read what I just wrote;

You went to work, you made the first call by doing that. Since you did that, you left the door open, to be kicked in the butt. You violated the (no worker order) not the employer. When you removed yourself from work then, the employer didn't have to pay you.

All you need to do, is get back in to work, sit in the trailer till you see your doctor again, and then have your doctor write you a new no work order, that is what you should had done before taking yourself out of work.
Reply's are intended solely for informational purposes. They are based on personal opinions, experience, or research and are "not to be taken as fact or legal advice", otherwise, always consult an attorney or a doctor.
 
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#12
Travel to work. Work Comp doesn't care how you get to work trust me. They will tell you, it's your problem to get, and they would say how you get here before and things like that. They don't care.

We care, they don't.

But here's the whole thing when it went wrong, you let your employer Con you to going to work, and just sitting doing nothing. There,s where the problem starts. You then made the obligation to be there. And it all unfolds down from there.
Reply's are intended solely for informational purposes. They are based on personal opinions, experience, or research and are "not to be taken as fact or legal advice", otherwise, always consult an attorney or a doctor.
 
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#13
jayne Wrote:because we are doing what WC will do its a hard road we try to help you and let you know what they will say....we can sugar coat it but what good would that do you?

Okay, I see and understand nowSmile I was beginning to think everyone was just selective readers/listeners. So have my responses established anything with regards to the lawyers position or theirs?
 
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#14
Bad Boy Bad Boy Wrote:Look, read what I just wrote;

You went to work, you made the first call by doing that. Since you did that, you left the door open, to be kicked in the butt. You violated the (no worker order) not the employer. When you removed yourself from work then, the employer didn't have to pay you.

All you need to do, is get back in to work, sit in the trailer till you see your doctor again, and then have your doctor write you a new no work order, that is what you should had done before taking yourself out of work.

I've seen the doctor numerous times since having left the job and every time I see him he gives me a new no work slip. I have five to date. In fact I received one a week after leaving the job, once i got back to NC and found a new doctor. While I may have been conned into returning to work it was on the advice of counsel and the agreement with the employer that they would provide transportation. Therefore, my agreement to "sit in the chair" was conditioned on transportation, and that I would not have to do anything physically challenging....like using a port a john...lol
 
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#15
Bad Boy Bad Boy Wrote:Travel to work. Work Comp doesn't care how you get to work trust me. They will tell you, it's your problem to get, and they would say how you get here before and things like that. They don't care.

We care, they don't.

But here's the whole thing when it went wrong, you let your employer Con you to going to work, and just sitting doing nothing. There,s where the problem starts. You then made the obligation to be there. And it all unfolds down from there.

So what your saying is that once I obtained a new no work slip that my weekly comp pay should start from that date, since i didnt even go to work after that, rather from the day I left work as a result of no transportation?
 
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#16
Yes, plus with the new no work slip, ask your doctor to apply no driving to it. Then forward a copy on to the Attorney & employer. Your starting to get it now. If it's your right foot, surely you can't drive then. And yes, then the horse would fall back on the employer for stopping your transportaion. But, everything falls within orderly fashion, like step 1 then step 2 and step 3.

No we aren't that selective here. Never had been.

As you see I am going to only tell you the way it is. Many times people don't want to see it that way. And then I have to simply push it, till they catch on. I'm straight forward is all. Telling you I'm sorry and all that, isn't going to help you get what you need to know in the record time need to get your case moving, and your checks coming.

If your Attorney won't help you, then ask your Union if the know of an Attorney they reccomended in the past. Unions sometimes have them on a list. Then get rid of the old one once you spoke to the new one. Never fire an Attorney till you do have a new one.
Reply's are intended solely for informational purposes. They are based on personal opinions, experience, or research and are "not to be taken as fact or legal advice", otherwise, always consult an attorney or a doctor.
 
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#17
Listen to the advice given. It's solid advice.

Just to reiterate what others have said (and add my own thoughts)

Quote:After having broke my foot on the job and being provided a no work order by the doctor my employer pleaded that I return to work and just sit in a trailer, rather than go out on a lost time injury.
The employer is trying to avoid reporting the claim as lost time to avoid their rates going up. While, that is OK if you are released to work with restrictions and they want to pay you to sit and do nothing, you are on a no work status and should not be at work. They may continue your salary if they wish, however it would still be a lost time claim. Do you have the no work status in writing from the doctor? If so, have you personally provided that to the employer and the insurance carrier? Don’t rely on the doctor to provide it or the employer to give it to the insurance company.

Quote:I spoke to an attorney who told me to go ahead and continue recieving my pay and when they no longer want to keep paying me to sit there, I could then file for worker comp.


Was the attorney fully aware that you were on a no work rather than restricted work? Sounds a little fishy to me that he would give that advice.


Quote:The company paid for soemone to come to my hotel room, pick me up, and drive me back and forth to work. It's illegal to drive with a cast on your foot. After a month however they laid this guy off and I had no means of going to and from work without violating the law. So beacause I live in NC and was working in MD I refused and had my family drive 5 hours to come and get me. Additionally, they now wanted to reduce my hours, and pay. I said I wasn't going to violate the law, nor accept anything less in pay or position and went out on my no work order.

After filing the work comp claim, the insurance company accepted the claim but filed exceptions saying I missed no compensatable time because I was offered light duty work but refused. The lawyer calls and says I'm not going to win, even though I was not on light duty, I had no work, and had numerous medical issues that precluded me from continuing. Can anyone make sense of this? I had a NC workers comp attorney tell me that my lawyer was possibly looking for a quick pay out...I don't know....any info would greatly be appreciated.

Again, are you sure the insurance carrier is aware that it was no work, not restricted work? If you were on restricted work, the employer indeed has the right to reduce hours, pay etc but the IC would reimburse a portion of the lost wages. However you forfeit your wage benefits if you refuse.

It is hard to make sense out of all this if everyone has notice that you are and were on no work status. You need to make sure that everyone has the proper information. Don't rely on someone else. It's your injury and you need to make sure you get the treatment and the benefits you are entitled to.

As for the lawyer who said you aren’t going to win, I’d find someone else. Doesn't sound like he's got your best interest in mind. Sounds like he is trying to start an issue/controversy so that he can fight it and obtain a fee.
 
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#18
So what you're saying is that: Because I do have a written and signed by the doctor no work slip, that was provided to the company by my hand delivery of the same which they say they subsquently lost and I provided them with another copy, that even though I did return to work to sit in the chair I could still leave work based on the no work slip without any loss of work comp benefits? It was only if it were light duty that I didn't have a choice, and then the comp would pick up the difference in pay.....which is not an issue because I'd still have maxed the 85 percent out with a normal 40 hour weeker. My weekly wage was determined to be 3,343.04.
 
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#19
Here's another little item I just dug out. I broke my foot on the 9th of April. At the ER I was given a no work slip till the 14th of April when it would have been transformed into a light duty slip. However, I was told to go see a specialist before the 14th. I did on the 11th. At that time the Doctor placed my foot in a full cast and gave me another no work slip to last for an indefinite time. I provided my job site superintendent and safety guy with this new no work slip. After I left the job site on May 9th, I received a certified letter from the companies head safety guy on May 14th wherein he advised me that my sedentary poisition that I occupied since the 14th of April was still available. And he further wanted to know if I would return to work and accept this position. (I'm quotting verbatim from the letter here...and notice how they keep referring to a POSITION...not something to do with just chair sitting....They wanted me to perform work). See the problem is that they all thought my no work slip expired on the 14th. While the old one did the new one did not. It was indefinite. This is the reason the insurance company is saying I shouldn't be paid weekly benefits. I faxed everyone a second copy of the no work slip from the new doctor the same day I received this certified letter, but it seems that its fallen on blind eyes....
 
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#20
Quote:So what you're saying is that: Because I do have a written and signed by the doctor no work slip, that was provided to the company by my hand delivery of the same which they say they subsquently lost and I provided them with another copy, that even though I did return to work to sit in the chair I could still leave work based on the no work slip without any loss of work comp benefits? It was only if it were light duty that I didn't have a choice, and then the comp would pick up the difference in pay.....which is not an issue because I'd still have maxed the 85 percent out with a normal 40 hour weeker. My weekly wage was determined to be 3,343.04.
They shouldn't have had you working in the first place. You were not on light duty. You were on no work so you should be entitled to Temporary Total benefits until released to work. At that time the issue of light duty and working or refusal to work comes into play.

Quote:See the problem is that they all thought my no work slip expired on the 14th. While the old one did the new one did not. It was indefinite. This is the reason the insurance company is saying I shouldn't be paid weekly benefits. I faxed everyone a second copy of the no work slip from the new doctor the same day I received this certified letter, but it seems that its fallen on blind eyes....

Fax and send certified again copies of All notes. Send to the employer AND the insurance carrier.
 
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