Monday, 2 March 2015

filed a claim a year and a half ago through my lawyer. Since then I have seen several doctors while not having worked in almost a year. I h...

Question

filed a claim a year and a half ago through my lawyer. Since then I have seen several doctors while not having worked in almost a year. I have not been receiving an income from my employer and going further in debt. What can I do ?



Answer

If the claim is denied, you need proof that the claim happened just as you described... if you have that now, insist your lawyer rush this to an AOE/COE trial (proving the injury Arose OUt of Employment and in the Course of Employment = AOE/COE).

If the claim is accepted, then the problem is the doctor's reports. If the lawyer you chose is outside the insurer network, the adjuster throws that report in the trash and pays you nothing.

If your doctor is in the Insurer's Medical Provider Network and he writes you are Temporary Totally Disabled, then the attorney can rush to an Expedited Trial to show the MPN Physician finding to a WCAB Judge and get an order of Temporary Total Disability indemnity payments.

If your attorney won't get you to an MPN Physician or that MPN Physician won't write that you are totally temporarily disabled, you have zero evidence with which to persuade either the claims adjustor or the WCAB Judge you are entitled to any payments.

So: either switch doctors or attorneys.



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