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Help with Workers Comp Appeal needed

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suffolk10

Junior Member
What is the name of your state? Virginia

In August 2002 I was injured on the job. In February 2003 I filed a form claim with Virginia Workers Comp. Board. On August 26, 2004 I received a letter from the insurance company stating they would no longer pay any of my medical bills because the 2 year time frame for filing a claim had expired. I called them and informed them I had filed the claim in February 2003. They stated that Workers Comp had no record of the claim being filed and they where terminating my benefits. I immediately called the Virginia Workers Comp and they informed me they had no record of me filing a claim and that I should sent them an addenum to my claim. I sent them a copy of the original form I filed. A hearing was held and I represented myself Pro Se. I testified that I sent the original form to Workers Comp in February of 2003. All agreed I was injured on the job. (I had witnesses to that) no one denied that fact. No one stated they didn't believe that I didn't file the original form for benefits for Workers comp.

I received a letter of denial based on the 2 year time limit I had and that my claim was not received within the proper time frame.

They received (my addendum copy) 2 weeks after the 2 year time limit expired. Even though I sent the original in 6 months after the accident happened.

I have been under the care of the Orthopaedic Doctor appointed by my employer. I had lower back surgery done in November 2004. I'm afraid I will be left holding the bag because someone lost or misplaced my claim form.

I need help with filing the correct case law. If anyone could please guide me in the right direction I would be forever greatful.

I have called a couple of lawyers but I can not afford the fees they charge.

This appeal is for the state of Virginia. I live in the South Eastern part.

I thank you in advance for any help.
 
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