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Im So Frustrated
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06-16-2008, 09:59 AM
(This post was last modified: 06-16-2008 10:02 AM by marsh.)
Post: #1
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Im So Frustrated
10/12/08 I went to my hearing. The judge oreded that they audit my milage and make payment. As far as reimbursement to me for nearly $4000.00 . My atty offered them the option of settlement and we would throw this away and just neg on settlement. the db carrier is required to file a db-450 by law prior to decision and it was never done. which would have resulted in a lien. At the hearing The carrier said that it woul be a windfall for me since i did recieve the monies from the DB carrier if i got the monies again. My atty said its the law that the DB carrier files form dB-450 before decision on my case. It was never done before or after decision.The carrier had letter dated after my court decision date in october from DB carrier stating amount of lien. The carrier acted on that and paid them against the judges decision. The carrier requested ammended decision. Judge states the law is the law and ordered them to pay me the $4000.00 in addition to a 20% penalty to me and $50.00 to board. It was deff a great thing to hear my adjuster is so rude and my atty even said i dont know what u did to her but she hates you. I deff need the money they arent taking care of me so why should i take care of them. Employment never came up even though i was ready.
SOME BAD NEWS; 10/16/08 I was looking online at payments made to me through the carriers web site. i saw payment for half penalty since my lawyer gets othe piece. The nearly 4000.00 wasnt there so i called the carrier today they said it was mailed to the db carrier.I was not happy. i like all of us can use the money. i was transfered to my adjusters supervisor adjuster is out till thursday. she said she will call me back and look at the case. she called back in 10 mins saying they are appealing the case.Huh i said she said we need to look out 4 our clients best intrest.Now they already made payment but when i raised the flag they changed their mind. well the supervisor did. now if i didnt call they would have to pay another penalty and if it was after 30 days would have made out very well. I guess like my atty said leave the law up to him. and like i say the waiting up to me. I will be getting 405.00 it was sent out so im cashing that. im fed up being broke.... Joe |
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06-16-2008, 10:36 AM
Post: #2
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RE: Im So Frustrated
sorry to hear there messing around with ur money that they owe you,i hope ur lawyer kicks them in the pants hard.good luck.
Each day is not a rite,it's a given. |
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06-16-2008, 11:06 AM
Post: #3
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RE: Im So Frustrated
Try and Refrain, and Believe Me I know how You feel, from Contacting Anyone Concerning Your Case without Your Attorney's Consent. It makes it Harder for the Attorney, and anything You May Say will be Used Against You! I'm Sorry for Your Situation, maybe Your Attorney will be able to get it Straightened Out! One thing My Attorney told Me, and it's Very Hard to do: He Told me that I Pay HIM to worry and Deal with the Employer, i/c, and w/c, and to learn Patience! It's Tough I know, but I have Listened to Him and He's done a Great Job! Best of Luck!!
Failed Back Surgery, Chronic Pain, Totally Disabled. Knowledge is Power, Especially in the World of w/c. Learn as Much as You can about Your States w/c Laws, and don't Fight Battles alone, They Use Attorney's, and so Should You!! |
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06-17-2008, 04:16 AM
Post: #4
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RE: Im So Frustrated
Still in Limbo Wrote:Try and Refrain, and Believe Me I know how You feel, from Contacting Anyone Concerning Your Case without Your Attorney's Consent. It makes it Harder for the Attorney, and anything You May Say will be Used Against You! I'm Sorry for Your Situation, maybe Your Attorney will be able to get it Straightened Out! One thing My Attorney told Me, and it's Very Hard to do: He Told me that I Pay HIM to worry and Deal with the Employer, i/c, and w/c, and to learn Patience! It's Tough I know, but I have Listened to Him and He's done a Great Job! Best of Luck!!limbo thanks lesson well learned for me. the board says what they are doing to me is wrong and the law is against them on the appeal. if they are even granted to go ahead with the appeal. the examiner at the board says believe the appeal when i see it. its all up to the atty of gallagher bassett my ic. Not the adjuster shes not a lawyer. So ill wait and see. ill never call them again i know that much..... |
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06-17-2008, 04:18 AM
Post: #5
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RE: Im So Frustrated
hurt at work Wrote:sorry to hear there messing around with ur money that they owe you,i hope ur lawyer kicks them in the pants hard.good luck. I hope so and if im in better health by then ill give em one too. thanks, Joe |
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06-17-2008, 08:20 AM
Post: #6
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RE: Im So Frustrated
I'm so sorry you are getting jerked around with YOUR money!
I'm also surprised your lawyer didn't tell you not to contact the IC or WC since he took your case. That's his job. That's what he's getting paid for. Let him take the frustration & stress and have to contend with the witch of an adjuster! try to hang in there just a bit longer, ok? Good luck frfghtr, you are still in my nightly prayers! Lilly
Injured worker, & tired of it all! I'm too old for games!! A careless word may kindle strife, a cruel word may wreck a life, a timely word may level stress, and a loving word may heal and bless! |
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06-17-2008, 08:29 AM
Post: #7
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RE: Im So Frustrated
Hi frfghtr>>>I am also sorry this happened to you. Like Limbo, I was told never to conttact anyone that this is my attorney's job. At first the IC made my life a living hell for about 14 months because I had an attorney but now their game playing is pretty typical and my attorney is always right on their butts. He tells me the same thing limbo's does. It's his job to wrooy and work on my case to the best advantage to me and it my job to get well. Prayers are going up for you.
CAP God is never late. In the end it doesn't matter how many years were in your life but how much life was in your years. |
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06-18-2008, 04:17 PM
Post: #8
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RE: Im So Frustrated
Sounds like they're throwing their money away. By the time they pay their attorneys fees for the appeal, they'll have spent more than what they owe you and will still probably end up paying you anyway.
Good luck. PS. I'm surprised the adjuster/supervisor even discussed this with you when you have an attorney. In Florida it's unethical for the adjuster to do so when you are represented. |
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06-18-2008, 07:02 PM
Post: #9
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RE: Im So Frustrated
Do most insurance companies for WC have a website where the person on wc can look up payments that have been made to them, or what they owe you ? I am in NH and looked at the ic website and would think you would need a password or something to see your claim. I do not even see a section where I could type that in to look at my case #.
carpal tunnel recurrence/ neuropathy / RSD. 1/29/07 injury date. Permanent. PIR settlement 8/4/08 10% |
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06-18-2008, 09:31 PM
Post: #10
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RE: Im So Frustrated
Sparkey,
I live in WA state and I can look up my claim online, get all medical records and see all payments made to me or to medical provider. When I bring up my state's lni website, it has three links; Business Link, Worker's Link and Medical Provider Link. I just click on Worker's Link, under this click on Worker's comp claims. Brings up additional links..I click on Check the status of my claim, under this: View my claim information online. It has a lock, that's where you have to sign up and you use your password, it gives all direction how to do it. Hope it helps. Kat |
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