Benefit Hearing

[bethsha211]

Friend got a letter from WC stating that a benefit hearing was set for January.Anyone know about this type of hearing?
Thanks,Gloria

[Dallas307]

Sorry I should have stated in the first place- if this is a Texas case...
Some one would have had to request a hearing and it all depends on who and what the issues are. The hearing are very informal. If the parties can not or do not communicate then they request a hearing to get the parties into one place for a discussion of the issues. Pretty much like sitting around a table and taking. Hopefully the issues can get resolved. If not then there will be another hearing.

[backache]

Tim may know

[Still in Limbo]

Beth, if there is an Issue of whether Your Friends Deserves Benefits or not, and has Been Turned Down, this should be a Formal Hearing in Front of a w/c Judge. I'm in Pa., and here Mine was called a Superceadus Hearing, because they were Paying Me and wanted to Stop Paying while My Case was Litigated, and I Won, and they have been Paying Me Since. But if No w/c Payments have been Paid as to Date, and Your Friend Wins this Round, they Will be Paid Retro back to the Date of Injury, Minus the Waiting Period for Their State. Your Friend May want to Strongly Consider Retaining a w/c Certified Attorney for this Hearing if it's for trying to get Benefits that have been Denied. I Hope and Wish the Very Best for Your Friend, and Happy Holidays!!

[bethsha211]

Thanks Still,It's complicated.She had surgery on right hand Sept. 06 and went back to work Jan 07.then her left hand was hurting her and she filed,but they said it wasn't filed in time after initial injury.Then she got an IR on right had in April 07 and was given 2% on that hand.She retained a lawyer.Went to appeal in Sept 07 and they are trying to put both hands in hearing together. Since her 2 % rating on right hand,they denied surgery saying she didn't need it. She had emg,ncv and it showed carpal tunnel.but doc who did IR said she was ok and that is why it was denied.Her doctor say she has cts,and trigger thumb on both hands. She is having surgery tomorrow on left hand using her private insurance.She is not sure whether her benefit hearing in January is for left,right or both hands.See what I mean about complicated?
Happy Holidays to you and all!
Bethsha211

[katicabogar]

Betsha,

I had samething as your friend. First I got tendonytis on right hand, had surgery, went back to work. Two months later got carpal tunnel/trigger thumb on right hand and also tendonytis/trigger thumb on left hand. I had to file separate claim for left hand what w/c combined later with right hand because both were related.
I found out later w/c doctor denied left hand as not work related without ever laying eyes on me, saying pain doesn't travel from right to left. But w/c overruled and approved surgeries relying on my own doctor's opinion.
I think your friend's hearing is because w/c disputes new injuries as work related and doesn't want to pay for surgeries.
I know, while I waited for surgeries on my right hand, I kept working and overused my left hand and ended up with same type of injuries as on my right hand.

[bethsha211]

That is a shame that people have to go through that.I am lucky that it is only my right hand that is my nemesis.I just got off the phone with her. She is in enough pain to be looking forward to surgery tomorrow.What we go through is a travesty.
Bethsha211

[Timothy Belt]

I skimmed through the above and am still not sure what state this hearing is in. If it is PA, the critical issue is what type of petitions are currently pending. If you are already receiving benefits, the defendant will be trying to modify or suspend those benefits during the litigation by requesting superceadus. If superceadus is denied, your wage loss will continue throughout the remainder of the litigation which normally takes 12-18 months.

In addition to the type of petitions, it is important to know who the judge is. Some judges take testimony at the first hearing. Other judges use the first hearing as more of a scheduling conference and defer testimony to the final hearing. Your lawyer should be able to tell you what to expect with your particular judge.

[bethsha211]

Timothy Belt Wrote:I skimmed through the above and am still not sure what state this hearing is in. If it is PA, the critical issue is what type of petitions are currently pending. If you are already receiving benefits, the defendant will be trying to modify or suspend those benefits during the litigation by requesting superceadus. If superceadus is denied, your wage loss will continue throughout the remainder of the litigation which normally takes 12-18 months.

In addition to the type of petitions, it is important to know who the judge is. Some judges take testimony at the first hearing. Other judges use the first hearing as more of a scheduling conference and defer testimony to the final hearing. Your lawyer should be able to tell you what to expect with your particular judge.

Hi Timothy,My friend is in Texas.This will be the first hearing.Only thing she has been through is the appeal.
Thanks,Bethsha211

[Dallas307]

Beth- is this the first hearing for a different issue? Here -TX- there are stages of hearings and if she has been through an appeal then for whatever the issues were before she had to have had 2 hearings before an appeal- EXCEPT- if she is going to a hearing after the appeals which is basically a trial in front of a judge. Maybe we need some clarification on this. As there are steps to hearing - Benefit review hearing- Contested case hearing whch could lead to the appeal process then to a hearing infront of a judeg in the court system