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Tired of lies, stalling by wc carrier.

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shartla1

Junior Member
Florida
Anyone else tired of wc carrier lies and stalling? At mediation our settlement offer was not accepted, and the wc carrier's attorney promised that the referral recommendation which was made by my treating physician six months ago to see an orthopedic surgeon would finally be approved and all back wage loss would be paid within a week. Five weeks later at deposition, again the same promises were made but so far have not been kept. Meanwhile my pain gets worse with each passing week, I have no life, I haven't been able to work since March and haven't received a penny in wage loss. I don't understand how they get away with this. My attorney keeps telling me the wc carrier doesn't want this to go to trial which is scheduled for next January. I see no sign of that being true. At mediation I overheard the wc carrier's attorney telling mine that even though our offer was refused, his fees would be paid. Is there any way I can find out if the attorney's are getting their fees while I have yet to receive anything?
 


BlondiePB

Senior Member
At mediation our settlement offer was not accepted, and the wc carrier's attorney promised that the referral recommendation which was made by my treating physician six months ago to see an orthopedic surgeon would finally be approved and all back wage loss would be paid within a week.

**Do you mean that the settlement offer at mediation was to close the case or was this mediation a dispute in regard to seeing an orthopedic surgeon and wages?

Why didn't your w/c nurse case manager make an appointment for the orthopedic surgeon six months ago?

Did the Primary Care Physician's office send the referral to the w/c carrier six months ago?

Did the Primary Care Physician put you on a "cannot work" status six months ago?


Meanwhile my pain gets worse with each passing week

** What's stopping you from going to the Primary Care Physician?


At mediation I overheard the wc carrier's attorney telling mine that even though our offer was refused, his fees would be paid. Is there any way I can find out if the attorney's are getting their fees while I have yet to receive anything?

** The defense attorney will get paid his fees by the w/c carrier. Your attorney will not get paid his/her fees until you receive money from the w/c carrier.
**What county in FL do you reside? You can send this in a Private Message if you do not want to post it on forum.
 

BlondiePB

Senior Member
shartla1 said:
Florida
I'm in Pinellas County
Okay. Please answer my other questions, too. When you first posted in another thread, I really did not have a good opinion of your attorney because after only two months, your attorney wanted to settle your case, especially without you seeing the orthopedic surgeon. Do you have any idea of why? I will try to acquire a referral for another w/c attorney in your county tomorrow and will send you a private message tomorrow evening.
 

shartla1

Junior Member
Sorry, I didn't see your other questions. I thought they were part of a quote.

The referral prescription was sent to the carrier at their request, I was promised several times by the head claims rep that as soon as she received a response from my physician (their authorized doctor) requesting his recommendation for treatment, my current condition, and whether or not I had reached MMI, she would approve the referral and send me wage loss due up to that point. After they dodged my calls for several weeks I contacted an attorney.

I was on TTD and officially on cannot work status for eight weeks prior to the referral, and have not been able to return to work. I reached MMI last month.

The mediation was set after a petiton for benefits was filed pertaining to treatment and overdue wage loss. My attorney made an offer to settle, but they refused. Their attorney never entered the mediation room, nor did the mediator. My attorney kept leaving the room to talk to him in the hallway. According to my attorney, after their attorney called the claims rep several times, they agreed to approve the referral and past due wage loss within one week. I then signed a mediation conference report stating that those issues had been resolved, but a final hearing will be required. I don't really understand how it could have been resolved if a final hearing is required.

Regardless, they have not approved the referral or past due wage loss. My attorney attempted to get the referral approved several times during the past month and said that each time he called, the carrier's attorney was surprised that it had not been done. Prior to the deposition Monday, their attorney acted surprised when asked why the two items discussed at the mediation had not been approved, but offered no reasonable explanation. As I expected, the deposition was mostly attempts to trip me up and catch me in a lie. Each of the two times I asked permission to ask him a question regarding several of the questions he had asked me, he instructed the transcriptionist to go off the record, and each time he avoided my questions, then we went back on the record and he resumed his questioning. Immediately afterwards, their attorney walked out of the room as I again asked about the referral and overdue wage loss. My attorney told me that I would be able to enter items pertaining to the deposition on an errata sheet after the transcription has been typed.

I am still seeing my treating physician, but he expressed to me and to the carrier at the time of the referral that he has exhausted his options regarding treatment and can now only offer occasional nerve block injections and prescription refills, both of which provide less and less relief as time goes by.

I know this process has been complicated by the fact that I had a previous injury to the same area of my back 14 years ago which eventually required surgery. I went through the same miserable process then, and finally settled the case eight years after the injury. The letter from the carrier in this case to my doctor 6 months ago specifically asked whether or not this injury was related to a pre-existing condition. My doctor answered that this injury and my current condition were not caused by or related to a previous injury.

Judging by what I have described, do you think my attorney is handling this correctly? With the court date set, what are the ramifications of changing attorneys at this point? Since I already signed a contract, what is the process for dismissing my present attorney.

Thanks for taking the time to answer my questions.
 

BlondiePB

Senior Member
shartla1 said:
Sorry, I didn't see your other questions. I thought they were part of a quote.

The referral prescription was sent to the carrier at their request, I was promised several times by the head claims rep that as soon as she received a response from my physician (their authorized doctor) requesting his recommendation for treatment, my current condition, and whether or not I had reached MMI, she would approve the referral and send me wage loss due up to that point. After they dodged my calls for several weeks I contacted an attorney.
**Contacting an attorney was the correct thing to do.

I was on TTD and officially on cannot work status for eight weeks prior to the referral, and have not been able to return to work. I reached MMI last month.
**Are you still on "cannot work" status?
**Was the MMI done by the Primary Care Physician (PCP)?


The mediation was set after a petiton for benefits was filed pertaining to treatment and overdue wage loss. My attorney made an offer to settle, but they refused.
**This is very important: was settlement offer for medical benefits and wage loss or to settle the case with a lump sum?

Their attorney never entered the mediation room, nor did the mediator. My attorney kept leaving the room to talk to him in the hallway.
**I find this very peculiar and an inappropriate way for the conduction of the mediation.


According to my attorney, after their attorney called the claims rep several times, they agreed to approve the referral and past due wage loss within one week. I then signed a mediation conference report stating that those issues had been resolved, but a final hearing will be required. I don't really understand how it could have been resolved if a final hearing is required.
**Neither do I. What did your attorney say when you asked him this?

Regardless, they have not approved the referral or past due wage loss. My attorney attempted to get the referral approved several times during the past month and said that each time he called, the carrier's attorney was surprised that it had not been done. Prior to the deposition Monday, their attorney acted surprised when asked why the two items discussed at the mediation had not been approved, but offered no reasonable explanation.
**Have you heard anything further about this since Monday?

As I expected, the deposition was mostly attempts to trip me up and catch me in a lie. Each of the two times I asked permission to ask him a question regarding several of the questions he had asked me, he instructed the transcriptionist to go off the record, and each time he avoided my questions, then we went back on the record and he resumed his questioning.
**If the questions were important and relevant, why didn't your attorney intervene?


Immediately afterwards, their attorney walked out of the room as I again asked about the referral and overdue wage loss. My attorney told me that I would be able to enter items pertaining to the deposition on an errata sheet after the transcription has been typed.

I am still seeing my treating physician, but he expressed to me and to the carrier at the time of the referral that he has exhausted his options regarding treatment and can now only offer occasional nerve block injections and prescription refills, both of which provide less and less relief as time goes by.
**Typical.

I know this process has been complicated by the fact that I had a previous injury to the same area of my back 14 years ago which eventually required surgery. I went through the same miserable process then, and finally settled the case eight years after the injury. The letter from the carrier in this case to my doctor 6 months ago specifically asked whether or not this injury was related to a pre-existing condition. My doctor answered that this injury and my current condition were not caused by or related to a previous injury.
**Regardless, it can still be used against you by the carrier, and the carrier will most likely do so.

Judging by what I have described, do you think my attorney is handling this correctly? With the court date set, what are the ramifications of changing attorneys at this point? Since I already signed a contract, what is the process for dismissing my present attorney.
**It's a very easy process.


Thanks for taking the time to answer my questions.
** You're very welcome. Please address the questions in quotes. The answers will greatly form my opinion of how your attorney is handling this. I have experienced similar situations.

Also, send me a private message of the city in which you reside. I asked for a referral for Pinellas County and a city/town was requested because Pinellas County covers a lot of territory. I have another concern too that has nothing to do with your attorney, and will address it after you reply.
 

shartla1

Junior Member
Yes I am still on 'cannot work' status.
The work comp authorized doctor rated my MMI.
The settlement offer was a lump sum that factored in surgery, future medical bills, lost wages and retraining.
I have not talked with my attorney since the deposition, but plan to do so tomorrow.
I dont' know why my attorney didn't intervene, he seemed to think it best that the deposition go smoothly and without interruption.
 

BlondiePB

Senior Member
I now strongly urge you to seek another attorney and will ask for a referral for you Thursday. No interruptions so that things will go smoothly? What a bunch of crap!! Things did go smoothly at my deposition and my attorney did intervene numerous times, especially when I was asked "double and triple barrelled" questions.

I also believe that your attorney is one of the "mills" like the one's you see advertise on TV. The "mills" like to settle cases with lump sums rather than agressively deal with acquiring medical care, lost wages, etc. with the opposing side. For instance, I was sent a date for mediation by opposing council and then had a meeting scheduled with my w/c attorney by his legal secretary. I wasn't in the attorney's office for 5 minutes when he picked up the phone to call opposing council and tell opposing council that I had nothing to mediate. Well, opposing council was not available, so opposing council was sent a letter that I had nothing to mediate and that we were tired of work comp carriers inaction, delays, and non-response. A Formal Grievance was also sent to the Judge of Worker Compensation Claims regarding the demands. Once this was done, things began happening real fast.

Since you can still see your PCP, you also need an appointment immediately to deal with your depression and acquire anti-depressants and a referral for some psychological care - even if all you do is vent your anger about the entire situation. I picked up on "I don't have a life" which concerns me. I understand it is due to the pain. Still, you need to see the PCP now. Check your private messages.
 

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