In March of 2007 my husband fell and sustained injuries to his miniscus. During a doctor visit he mentioned also have some numbness and tingling in his hand and some neck headache. The doctor told him this was not related to his injury and no further investigation be made.
Several months later the discomfort increased and he spoke to a workers comp lawyer to see what he could do and if his shield was handle properly. The lawyer sent him to a neurologist and it be determined that yes it was thoroughly likely but for probable that this crushed disc in his spine be sustained in the go down. Surgeries followed and the healing process begin.
In March of this year he had a audible range where the adjudicate granted him pay up to the surgery and requested he see a doctor of the insurance company's choosing. Which he did. This doctor said within no way shape of form could this own happend in the dive. He went to a audible range today and was told the insurance company is standing by their experts inference and
Answers: I used to work for a company that investigated workers comp claims. The problem as I see it is that your husband's crushed disc was not diagnosed at the time of the stumble, but only several months latter. In order to win this grip he would have to prove that the dribble caused the crushed disc, that he have no pre-existing back problems, that he'd occupied in no hum between the fall and the time of the claim that might enjoy injured his back, etc. This is drastically difficult if not impossible to do when this much time have passed.
In addition you presently have several doctors saw several different things. I would suggest you get a advocate involved in the luggage if you can, and as high-powered a lawyer as you can find, not some ambulance-chaser. It's possible that if a advocate gets involved a settlement might be offered. Unless that happen, it seems to me it's going to be a long drawn out process of duelling doctors and conflicting nouns.
No, this doesn't mean he's lost. There's still a apt chance he can win, especially if he have multiple doctors that say this be caused by the stumble.
It's all up to the intercede.
Lots of good answers here, however any second opinion will have to be beside your own money and they can be very vastly expensive. $2-3000. As others have stated, at the beginning of the injury, nothing be said about a rear injury, you will have the burden of proof that the put money on problems were subdivision of the initial injury. You do not say what type of work your husband does and his age. If he is a construction worker, read aloud late 30's he probably already have herniated discs in his backbone. Another problem is that almost every adult over the age of 25 have herniated discs in their hindmost, and some neurologist will do surgery on anyone who comes to see them with herniated discs. . I would also be suspicious if he allegedly have a "crushed disc" in his spine but be not bothered by this for several months. If your husband hurt his back inadequately enough surrounded by this fall, and herniated a disc, or crushed a vertebrae, he would enjoy had throbbing pretty quickly and pretty miserable affliction too. It is possible he just have degenerative disc disease too. But, even if the judge does not rule within your husband's favor, you can appeal to the appellate court, However as another person indicated, it is a long process and he should any apply for disability or apply for some retraining thru your state to learn a different livelihood. Your husband should really try to get put a bet on to work, even if he wins his defence, he will not get adequate money live on for any long length of time. Well the question is be he actually at work when the injury occur? Meniscus is in the knees so if his primary doctor who saw your husband said that it's now work related its adjectives the work comp company needs to process a denial. Granted they own every right because of the info provided.
Also you mention "several" months later, what happen in between the time from the injury to when you approved to pursue this?
So long story short, technically your hubby's claim is still denied but it's pending litigation, intent it can change any time depending if the find goes your channel or the insurance way.
Right very soon all you and your hubby can do is dally and see what happens. This will be a long process. Sorry.
GallopingGrasshoppers is right...this is not the finish of the line for your husband and his W/C claim. If your husband have private or individual disability insurance, I would recommend following up w them to determine whether it would be beneficial to file a claim. It should be noted that some plans cover work related disabilities, and some do not.
If his plan does cover work related disabilities, next your husband's claim could be approved for the periods that he did not receive a benefit through W/C. He will probably enjoy to sign a reimbursement agreement w the insurance company allowing them to pay benefits, however if the W/C claim be ever overturned then he would enjoy to pay the insurance company final.
If the plan does not cover work related disabilities, then your husband's claim could be approved base off the W/C denial. Again, he would probably hold to sign the reimbursement agreement w the insurance company.
Either way, he should follow up w his private or individual disability insurance mover if he has that coverage. If he does not, consequently it will be up to the judge to determine his eligibility for W/C benefits. He may also hold statutory disability benefits he is eligible for...there are a few states that enjoy this benefit.
Your husband should get lots second medical opinions contained by favor of of the injury being work-comp -related and he should maintain careful register of them for the upcoming court date. He should request all medical history, reports, notes, and itemized bills from any doctor he see. He should especially see a neurologist of his own choosing to counter the work comp's expert's claims. I wouldn't be surprised if their expert is biased.
Perhaps your husband can apply for disability?
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Several months later the discomfort increased and he spoke to a workers comp lawyer to see what he could do and if his shield was handle properly. The lawyer sent him to a neurologist and it be determined that yes it was thoroughly likely but for probable that this crushed disc in his spine be sustained in the go down. Surgeries followed and the healing process begin.
In March of this year he had a audible range where the adjudicate granted him pay up to the surgery and requested he see a doctor of the insurance company's choosing. Which he did. This doctor said within no way shape of form could this own happend in the dive. He went to a audible range today and was told the insurance company is standing by their experts inference and
Why does it nick so long for unpremeditated destruction insurance to settle up out?
Answers: I used to work for a company that investigated workers comp claims. The problem as I see it is that your husband's crushed disc was not diagnosed at the time of the stumble, but only several months latter. In order to win this grip he would have to prove that the dribble caused the crushed disc, that he have no pre-existing back problems, that he'd occupied in no hum between the fall and the time of the claim that might enjoy injured his back, etc. This is drastically difficult if not impossible to do when this much time have passed.
In addition you presently have several doctors saw several different things. I would suggest you get a advocate involved in the luggage if you can, and as high-powered a lawyer as you can find, not some ambulance-chaser. It's possible that if a advocate gets involved a settlement might be offered. Unless that happen, it seems to me it's going to be a long drawn out process of duelling doctors and conflicting nouns.
No, this doesn't mean he's lost. There's still a apt chance he can win, especially if he have multiple doctors that say this be caused by the stumble.
It's all up to the intercede.
How do I become an insurance agent surrounded by california?
Lots of good answers here, however any second opinion will have to be beside your own money and they can be very vastly expensive. $2-3000. As others have stated, at the beginning of the injury, nothing be said about a rear injury, you will have the burden of proof that the put money on problems were subdivision of the initial injury. You do not say what type of work your husband does and his age. If he is a construction worker, read aloud late 30's he probably already have herniated discs in his backbone. Another problem is that almost every adult over the age of 25 have herniated discs in their hindmost, and some neurologist will do surgery on anyone who comes to see them with herniated discs. . I would also be suspicious if he allegedly have a "crushed disc" in his spine but be not bothered by this for several months. If your husband hurt his back inadequately enough surrounded by this fall, and herniated a disc, or crushed a vertebrae, he would enjoy had throbbing pretty quickly and pretty miserable affliction too. It is possible he just have degenerative disc disease too. But, even if the judge does not rule within your husband's favor, you can appeal to the appellate court, However as another person indicated, it is a long process and he should any apply for disability or apply for some retraining thru your state to learn a different livelihood. Your husband should really try to get put a bet on to work, even if he wins his defence, he will not get adequate money live on for any long length of time. Well the question is be he actually at work when the injury occur? Meniscus is in the knees so if his primary doctor who saw your husband said that it's now work related its adjectives the work comp company needs to process a denial. Granted they own every right because of the info provided.
Also you mention "several" months later, what happen in between the time from the injury to when you approved to pursue this?
So long story short, technically your hubby's claim is still denied but it's pending litigation, intent it can change any time depending if the find goes your channel or the insurance way.
Right very soon all you and your hubby can do is dally and see what happens. This will be a long process. Sorry.
Surrending money posterior policy (LIC)?
GallopingGrasshoppers is right...this is not the finish of the line for your husband and his W/C claim. If your husband have private or individual disability insurance, I would recommend following up w them to determine whether it would be beneficial to file a claim. It should be noted that some plans cover work related disabilities, and some do not.
If his plan does cover work related disabilities, next your husband's claim could be approved for the periods that he did not receive a benefit through W/C. He will probably enjoy to sign a reimbursement agreement w the insurance company allowing them to pay benefits, however if the W/C claim be ever overturned then he would enjoy to pay the insurance company final.
If the plan does not cover work related disabilities, then your husband's claim could be approved base off the W/C denial. Again, he would probably hold to sign the reimbursement agreement w the insurance company.
Either way, he should follow up w his private or individual disability insurance mover if he has that coverage. If he does not, consequently it will be up to the judge to determine his eligibility for W/C benefits. He may also hold statutory disability benefits he is eligible for...there are a few states that enjoy this benefit.
Your husband should get lots second medical opinions contained by favor of of the injury being work-comp -related and he should maintain careful register of them for the upcoming court date. He should request all medical history, reports, notes, and itemized bills from any doctor he see. He should especially see a neurologist of his own choosing to counter the work comp's expert's claims. I wouldn't be surprised if their expert is biased.
Perhaps your husband can apply for disability?
Resolved Questions: