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Workers Comp-Anyone here ever make an appeal?

 
TenStar'd
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User ID: 55813176
United States
04/23/2015 01:39 PM
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Workers Comp-Anyone here ever make an appeal?
My case went on for two years. Recently settled and I was awarded only 12 weeks of disability benefits.

I was out of work for 18 months of those 2 years, even though I searched for sedentary work that was allowable in my physical restrictions. My advocate failed to present my work search log/history in his final position argument. Hearing Officer denied my petition for partial incapacity benefit saying she had no evidence of my work search efforts.

I've filed an intent to appeal but now I have the lawyers office of the employer/insurer calling me and telling me what I need to put in the Record on Appeal. Can they do that?

I'm having second thoughts about this and am about to withdraw my appeal. I simply don't want to deal with this evil process again. Not only do I have to battle the employer, but now I have to battle the same agency that was supposed to help me in the first place.

Any advice and /or comments would be greatly appreciated.
God does not test us, He strengthens us. For if we are fully in Faith, He girds the armor evermore.
TenStar'd  (OP)

User ID: 55813176
United States
04/23/2015 01:56 PM
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Re: Workers Comp-Anyone here ever make an appeal?
anybody ?

should I hire a lawyer?
God does not test us, He strengthens us. For if we are fully in Faith, He girds the armor evermore.
BunBun

User ID: 68955729
United States
04/23/2015 01:58 PM
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Re: Workers Comp-Anyone here ever make an appeal?
I have no idea, dear. I'm not ignoring you, I just don't have any experience at all. I'm sorry. Wish I could help.
Christard and Lover of God
TenStar'd  (OP)

User ID: 55813176
United States
04/23/2015 02:06 PM
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Re: Workers Comp-Anyone here ever make an appeal?
I have no idea, dear. I'm not ignoring you, I just don't have any experience at all. I'm sorry. Wish I could help.
 Quoting: BunBun


Thanks for taking the time ... I appreciate it.
God does not test us, He strengthens us. For if we are fully in Faith, He girds the armor evermore.
Anonymous Coward
User ID: 59960424
United States
04/23/2015 02:35 PM
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Re: Workers Comp-Anyone here ever make an appeal?
Workers Comp laws have changed in most states over the last few years.

It is mind numbing today what people are put through and there is no guarantee that you will ever win your case. The law is written for the protection of the EMPLOYER and not the employee. Most all states are considered 'at will' states meaning they can fire (as well as hire) at their will and discretion. Not all mind you. But most.

I am so sorry that you have to deal with all of this. In my own personal experience I will tell you that the process is a drawn out one purposefully designed so that you will do ultimately what you are thinking of doing: dropping your claim.

Only you can decide if you have the strength -- emotionally, physically, financially, and spiritually to pursue the length of months or even years which this will ultimately take. Remember, you may not win.

Sending you positive vibes and wishing you much luck in your future.
Anonymous Coward
User ID: 1626233
United States
04/23/2015 03:01 PM
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Re: Workers Comp-Anyone here ever make an appeal?
anybody ?

should I hire a lawyer?
 Quoting: TenStar'd


Everyone now needs a lawyer to get workman's comp. Best of luck to you!
I tried, but the lawyer saw I was healing and no chance for big bucks and denied taking the case.
The 1st appeal judge even saw how they were scamming when the worker's comp risk manager offered me 1/3 of what I should have gotten for the weeks I was off. Judge was mad at them for the amount they offered, their lawyer lied, they had no case, but the alternative was to wait another year and I had been without income for 3 months already. Rent 900 a month I had no other way to pay.I signed the settlement, but the judge made me write "due to financial duress." It's true.
I did nothing wrong. They just do not want to pay anyone.
Just representin
User ID: 3571320
United States
04/23/2015 03:07 PM
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Re: Workers Comp-Anyone here ever make an appeal?
anybody ?

should I hire a lawyer?
 Quoting: TenStar'd


Yes, you should have. The problem you face now is a lawyer willing to take on the case late. I would go talk to several and see if they will help you.

Anyone in Comp must have a lawyer or be one.
BRIEF

User ID: 65696907
United States
04/23/2015 03:08 PM

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Re: Workers Comp-Anyone here ever make an appeal?
Nope, I work for a living, I don't seek welfare.
I never forgive and I never forget

I am a licensed firearm holder. I will, under protection of law, use lethal force if attacked.

Briefcut4892
Anonymous Coward
User ID: 68948392
United States
04/23/2015 03:11 PM
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Re: Workers Comp-Anyone here ever make an appeal?
I have, I have a lot of family though that are attorneys so I had legal advice from the get go. I would get one if you can afford it which you probably can't. I was awarded initially a disability claim but they eventually just offered me a lump sum. Granted, I had to have two pelvic bone fusions and several years of physical therapy. Good luck to you.
Beezlebub Morlanez
User ID: 60452342
United States
04/23/2015 03:25 PM
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Re: Workers Comp-Anyone here ever make an appeal?
sorry to hear your going through this, but at least another will know that there IS NO SOCIAL SAFETY NET. that's all lies.


i have been through it too, i've worked full time since the age of 16, at ~24 i had a serious life threatening infection (strep b, necro fassciitis, (the "flesh eating bacteria")

after almost having my right leg amputated (lost almost 60 percent of it's mass, skin grafts to cover an area from my hip/thigh to my ankle, a 3 month hospital stay, $700,000 in medical fees, i learned not only....

that

a. workman's comp is rigged, i would not receive it, i'm not even sure WHO can receive it anymore, you most surely must be a high up in the company AND have a great lawyer, AND probably some more corruption mixed in to qualify.

b. even though i've only EVER used unemployment benefits once in my lifetime when i was 17 (yeah stupid, not needed, they let me have them so i took them) this time, i did not qualify (they use a 4 month period from TWO YEARS ago to base your UE wages off of, and lucky me, at that time most of my income was coming from a contract labor position, 1099 work, since during that time i didnt pay into UE benefits, i was not illegible to receive them (so who is??? ONLY PEOPLE IN RIGHT TO WORK STATES, WHO ARE LAYED OFF?? WHY WOULD ANY COMPANY IN A RIGHT TO WORK STATE EVER LAY SOMEONE OFF!!??)

c. even though, i am, for all intents and purposes disabled, at least somewhat... it takes a judge on your side, and a doctor on your side, to receive a "disabled," judgement, and receive disability benefits... which are pretty awesome i must say, right on par with about what i bring home at my job currently.



i still have to work it seems, for 30 more years or so i'd imagine before i can get ANYTHING from the social net... doesnt matter that i walk around on a severey disfigured and chronically painful leg.



i hear all these people griping about welfare moms, and EBT cards and whatnot.. and in reality? those people are full of shit. there's NOT a safety net in place in America.

i'd like to see the actual stats on EBT cards/safety net, actual real people who are receiving these benefits, because let me tell you.. almost losing your leg, won't get you ANY.
tiger1

User ID: 68665462
United States
04/23/2015 03:47 PM

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Re: Workers Comp-Anyone here ever make an appeal?
You should have hired a lawyer right away. My husband got seriously hurt on the job.He fell from a trailer onto a concrete floor. 3 months later, he still didn't get any workman comp pay. He finally got a lawyer, and the checks started coming in. The company claimed he only cracked a rib, when in fact he broke 3 ribs, destroyed his left shoulder, his left knee, and broke his pelvis in 3 places.
Thanks to the lawyer, my husband got the medical care he needed, including reconstructive surgeries(partially successful on the shoulder, but not on the knee).

Hire a workman comp lawyer NOW !!!
Praise God from Whom all Blessings flow !!!
ragebuddy

User ID: 46088841
United States
04/23/2015 03:50 PM
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Re: Workers Comp-Anyone here ever make an appeal?
If you live in illinois i have the info on my lawyer...hired him from a friends advice and has been on the ball since day one...ive been on wc since this past july
Rachael123

User ID: 65950320
United States
04/23/2015 03:52 PM

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Re: Workers Comp-Anyone here ever make an appeal?
My case went on for two years. Recently settled and I was awarded only 12 weeks of disability benefits.

I was out of work for 18 months of those 2 years, even though I searched for sedentary work that was allowable in my physical restrictions. My advocate failed to present my work search log/history in his final position argument. Hearing Officer denied my petition for partial incapacity benefit saying she had no evidence of my work search efforts.

I've filed an intent to appeal but now I have the lawyers office of the employer/insurer calling me and telling me what I need to put in the Record on Appeal. Can they do that?

I'm having second thoughts about this and am about to withdraw my appeal. I simply don't want to deal with this evil process again. Not only do I have to battle the employer, but now I have to battle the same agency that was supposed to help me in the first place.

Any advice and /or comments would be greatly appreciated.
 Quoting: TenStar'd


Removed my post because it was for unenployment-sorry

Last Edited by Rachael123 on 04/23/2015 03:54 PM
TenStar'd  (OP)

User ID: 55813176
United States
04/23/2015 04:21 PM
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Re: Workers Comp-Anyone here ever make an appeal?
Nope, I work for a living, I don't seek welfare.
 Quoting: BRIEF


Brief - you are a funny one- ya know that though, don't you. I am working again.

I am not seeking welfare or payments for the rest of my life. Only seeking what a normal worker who was injured on the job would expect.
God does not test us, He strengthens us. For if we are fully in Faith, He girds the armor evermore.
TenStar'd  (OP)

User ID: 55813176
United States
04/23/2015 04:28 PM
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Re: Workers Comp-Anyone here ever make an appeal?
"sorry to hear your going through this, but at least another will know that there IS NO SOCIAL SAFETY NET. that's all lies."

Thanks Beezlebulb M.

Sorry to hear of your experience being so negative also. Such an upside down world we seem to live in. Where's the value in being a good employee if you are just kicked to the curb for the all mighty dollar?

It disgusts me.

Last Edited by TenStar'd on 04/23/2015 04:29 PM
God does not test us, He strengthens us. For if we are fully in Faith, He girds the armor evermore.
GhostProphet

User ID: 65549334
United States
04/23/2015 04:28 PM

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Re: Workers Comp-Anyone here ever make an appeal?
Regardless of what you are filing/fighting/suing over NEVER listen to the lawyer of the opposing party. They will never give you correct information. They will just tell you the fastest way to stop everything you started, so their client is safe.

Get a lawyer if you feel you have a case.
“It is the mark of an educated mind to be able to entertain a thought without accepting it.” - Aristotle
BRIEF

User ID: 65696907
United States
04/23/2015 04:31 PM

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Re: Workers Comp-Anyone here ever make an appeal?
Nope, I work for a living, I don't seek welfare.
 Quoting: BRIEF


Brief - you are a funny one- ya know that though, don't you. I am working again.

I am not seeking welfare or payments for the rest of my life. Only seeking what a normal worker who was injured on the job would expect.
 Quoting: TenStar'd


Oh well, I've had metal taken out of my eye and went back to work the same day...stitches in my head once too, didn't keep me away. I've always been the boss though, so it's different.
I never forgive and I never forget

I am a licensed firearm holder. I will, under protection of law, use lethal force if attacked.

Briefcut4892
TenStar'd  (OP)

User ID: 55813176
United States
04/23/2015 04:35 PM
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Re: Workers Comp-Anyone here ever make an appeal?
Workers Comp laws have changed in most states over the last few years.

It is mind numbing today what people are put through and there is no guarantee that you will ever win your case. The law is written for the protection of the EMPLOYER and not the employee. Most all states are considered 'at will' states meaning they can fire (as well as hire) at their will and discretion. Not all mind you. But most.

I am so sorry that you have to deal with all of this. In my own personal experience I will tell you that the process is a drawn out one purposefully designed so that you will do ultimately what you are thinking of doing: dropping your claim.

Only you can decide if you have the strength -- emotionally, physically, financially, and spiritually to pursue the length of months or even years which this will ultimately take. Remember, you may not win.

Sending you positive vibes and wishing you much luck in your future.
 Quoting: Anonymous Coward 59960424


Thank you AC - emotionally, physically, financially, and spiritually - already been drained.

What's worse is the advocate that was supposed to be on my side has completely failed in his job. I found correspondence (in my case file) between the two of them and they sound like buddy buddy! Sickening!
God does not test us, He strengthens us. For if we are fully in Faith, He girds the armor evermore.
Anonymous Coward
User ID: 68593216
Canada
04/23/2015 04:41 PM
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Re: Workers Comp-Anyone here ever make an appeal?
Nope, I work for a living, I don't seek welfare.
 Quoting: BRIEF


Brief - you are a funny one- ya know that though, don't you. I am working again.

I am not seeking welfare or payments for the rest of my life. Only seeking what a normal worker who was injured on the job would expect.
 Quoting: TenStar'd


Oh well, I've had metal taken out of my eye and went back to work the same day...stitches in my head once too, didn't keep me away. I've always been the boss though, so it's different.
 Quoting: BRIEF


You are a paid shill wannabe tough guy..You are on GLP all day and night posting on every thread your vile poison. You do not work..more than likely unemployed because no employer will tolerate your ignorance. Being your own boss on the corner with a squeegee and bucket does not count as owning your own business.
Whiterabbit R.O.

User ID: 57744509
United States
04/23/2015 06:12 PM
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Re: Workers Comp-Anyone here ever make an appeal?
99% of employers will do what you let them get away with... they count on you GIVING up !



Or not researching the answer yourself...



If you need a doctor.. pay him out of your pocket in cash ...or check , THEN he is bound by oath to work ONLY for your benefit !!!



If you see a work doc , that doctor will be working for the benefit of the employer .


If you use a insurance company you can bet that 75% of the time he will be taking into consideration the outcome as it pertains to the insurance company also.....


So if you need legal PERSONAL help from a doctor HIRE him for YUORSELF .. pay him out of YOUR POCKET !!!





GLP