Questions about my FL WC case

[lovelestat30]

Ok, quick backstory, I tripped over a piece of metal left in my department by engineering, fell, fracturing my ankle July 2011. I had fractured this same ankle in 2008 and sprained it in March of 2011, but have not had this type of pain after either of those incidents. Dr. puts me in a walking boot and on seated only work. I was able to work seated only for about a month when my boss told me she didn't have money in her budget for me to sit all shift. That was August 2011.

I started receiving WC checks in Sept. 2011. That same month, I tripped over my walking boot and fractured my shoulder. I called my attorney to let him know and nothing else was mentioned about it. Later that month, the WC dr. told me the fracture had healed but since I still had pain, he sent me to PT. Went to PT for over 2 weeks, no improvement, Dr. told me to stop, sends me for an MRI, which revealed that I had damaged a tendon in my ankle. The insurance company is now trying to say that my injury isfrom a pre-existing condition, so all benefits have stopped. Dr. still has me as seated-only work. At my deposition this month, my lawyer asked me if I have had any accidents since my fall at work, I told him about my shoulder, and he's filing a claim for that as well.

One question I have is will it hurt my case to claim unemployment since my WC stopped? I received releases from the insurance co. attorney for Unemployment & SSDI, not sure what the purpose of those are.

My other question is since the insurance co is denying the claim, will I still have to go to the mediation that was scheduled last month? My lawyer says that we have to take it all to court. I'm so lost and have no clue how all this works, so any help would be greatly appreciated!!

[1171]

no, it won't.

you only have to continue with your comp claim if you want additional benefits.
more on florida comp here:
http://www.myfloridacfo.com/WC/

[lovelestat30]

(02-11-2012 04:56 PM)1171 Wrote:  no, it won't.

you only have to continue with your comp claim if you want additional benefits.
more on florida comp here:
http://www.myfloridacfo.com/WC/

The insurance company have also stated that I have reached MMI. I have not. My Dr. recommended surgery on my ankle, but when I searched my case on the state website, it said that I have reached my MMI. I'm so confused!

[1171]

both parties can take their evidence to the comp court.