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emergency benefit hearing
#1
I have my emergency benefit hearing soon--the WC company cut off all my benefits over a month ago without any kind of hearing. My lawyer has informed me that this is against statute, and is going after them for sanctions (a fine?) and attorney's fees. Is there any way I might be able to get my back benefits? If so, when could I expect them? That would really help out right about now. Will anything get resolved at this hearing? What is next for me after this? I had my informal deposition the other day and it went so so, I was nervous and I rambled a little bit.
 
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#2
I Wish I could Help, but I checked Your Profile, and I can't Find Your State. I See You have Posted 12 Times, but it's Hard to Remember Who's From What State with New Members, so You May want to Add it for a while, until We get Used to Your Posts!Wink
 
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#3
Well this may or may not help you out but my employer cut my wages in April 2007. This started my lawyer working on getting that taken care of. Well this lead to IME's and other stuff, depo's from the doctors and other stuff. Well in Jan 2008 my employer told me they had no work for me any more and put me out on disablity. This got my lawyer to file for an emergency hearing. He filed this in Feb 2008 I got a hearing in Nov. 2008 and a ruling in feb of this year. Employer appealed so I still have no back pay and this was filed as an emergency petition back in Feb 2008. I was bringing home over $1000 a week after taxes before I got hurt and now I make $1066 a month before taxes.Nothing is fast in WC
 
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#4
I think it depends on whether you were entitled to the benefits.
sometimes missing a hearing or other legal requirement is punishable by a penalty.
re-instating benefits that are not otherwise due is not usually considered valid punishment for violating a court rule.
generally the court requires that the issues to be decided be listed and filed with all parties prior to a hearing.
only the issues that have been filed on will be up for decision; others will have to be filed on separately.
what happens next depends on what issues remain unresolved.

what's the difference between an informal and a formal deposition?
Reminder :
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THANKS FOR POSTING.
 
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#5
I apologize, I am in Connecticut, if that helps--- I just wish I could get the WC to come around-- I am scared as to what comes next...
 
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#6
1171 Wrote:I think it depends on whether you were entitled to the benefits.
sometimes missing a hearing or other legal requirement is punishable by a penalty.
re-instating benefits that are not otherwise due is not usually considered valid punishment for violating a court rule.
generally the court requires that the issues to be decided be listed and filed with all parties prior to a hearing.
only the issues that have been filed on will be up for decision; others will have to be filed on separately.
what happens next depends on what ihttp://www.workerscompensation.com/forums/general/images/codebuttons/underline.gifssues remain unresolved.

what's the difference between an informal and a formal deposition?

From what I understand the informal hearing was my deposition of events , medical questions and back round . I have not heard what happens next a formal deposition would be held with the chairman or judge someone independent . Tomorrow is my independent medical exam to review the urgent surgery I needed in May to prevent further nerve damage who happens to be part of the National workmans compensation defense network . He did a lecture last month on basically how not to do procedures or surgeries. My benefits were cut off without hearing and my attorney filed an emergency hearing which is tomorrow . They cannot in Ct according to the statue do this without a hearing . I am hoping I will get an answer tomorrow . I am really nervous and everything is due I mean over due .
 
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#7
lpninct Wrote:
1171 Wrote:I think it depends on whether you were entitled to the benefits.
sometimes missing a hearing or other legal requirement is punishable by a penalty.
re-instating benefits that are not otherwise due is not usually considered valid punishment for violating a court rule.
generally the court requires that the issues to be decided be listed and filed with all parties prior to a hearing.
only the issues that have been filed on will be up for decision; others will have to be filed on separately.
what happens next depends on what ihttp://www.workerscompensation.com/forums/general/images/codebuttons/underline.gifssues remain unresolved.

what's the difference between an informal and a formal deposition?

From what I understand the informal hearing was my deposition of events , medical questions and back round . I have not heard what happens next a formal deposition would be held with the chairman or judge someone independent . Tomorrow is my independent medical exam to review the urgent surgery I needed in May to prevent further nerve damage who happens to be part of the National workmans compensation defense network . He did a lecture last month on basically how not to do procedures or surgeries. My benefits were cut off without hearing and my attorney filed an emergency hearing which is tomorrow . They cannot in Ct according to the statue do this without a hearing . I am hoping I will get an answer tomorrow . I am really nervous and everything is due I mean over due .

You're lawyer is doing the right things. In Connecticut, your benefits cannot be terminated without an approved Form 36.
 
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