Forms and Notices in Maryland workers Compensation cases are common
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I received a notice in the mail that issues have been filed in my workmans comp case.
You have received a “Notice of Issues Filed.” This paper is generated and mailed by the Workers Compensation Commission. It indicates that either the insurance company has filed a form challenging or questioning some aspect of the case, or the injured party or their attorney has filed a form requesting the adjuster provide benefits or action of some sort. Subsequent to the Notice of Issues the injured worker will receive a “Hearing Notice.”
I received a notice of a hearing from the workers compensation commission. It states I must appear. Do I have to go?
You have received a “Hearing Notice” and you must attend. If you do not have a qualified Maryland workers compensation attorney now is the time to obtain one. The hearing is taking place because there is a dispute between the injured worker and the insurer. It will be held at one of the Workers Compensation Commission locations which can be found on their website. For all intents and purposes the Commissioners are the Judges of workers comp cases. If you do not recall filing a claim with the Maryland Workers Compensation Commission then someone has done this on your behalf.
I received an award in the mail from the workers compensation commission.
If you recently attended a hearing than the award is the results of the hearing. If you have not attended a hearing then you may have received a “Award of Compensation and Average Weekly Wage.” This is referred to among attorneys as the auto award because it is automatically generated at the commission once the consideration date has passed. At one point in the history of Maryland Laws this form had more meaning however at this time it can be considered a formality and should not be over analyzed by the injured worker. Argument is often made that once this form is issued workmans comp no longer has the ability to challenge whether the accident occurred and is compensable under Maryland law. (Consult a workers comp Attorney for further explanation).
The auto award indicates that I should be getting paid weekly and I am not getting paid
Again, this means does not really mean very much under Maryland workmans compensation laws. An injured worker is only entitled to be paid if they are being held out of work by a doctor, for a certain period of time. Even if this is the case the workmans comp adjuster can potentially not issue payments. What is also sometimes inaccurate is the rate of pay the auto award has listed. This rate of pay is subject to verification by all parties and is only applicable after an actual hearing takes place before the Maryland workers compensation.
What is the Notice of Employee’s Claim?
The notice, also referred to as the C-30, is provided by the workers comp commission and contains all the information that the injured worker placed on their claim form and also names the insurance company for the employer. This notice will go to all parties and lets them know that the claim as been filed. Following the C-30 will be a form to the insurance company providing them an opportunity to challenge the case.
Insurers Termination of Temporary Total Disability Benefits.
The insurance company has stopped paying the lost wages that you have been receiving. If you are unable to return to work at this time contact an aggressive work comp attorney now. There are a number of reasons why the adjuster may have terminated benefits. On this notice you will see some of those reasons such as:
1.You have returned to work-
2.There is no medical evidence or documentation to support continuing payment-
If this box is checked then the adjuster has most likely not received an updated out of work slip. In order to be entitled to lost wages/temporary total benefits you will need a doctors note.
3.You failed to keep the medical appointment-
If you recently missed a doctors appointment then the adjuster caught wind of this and has terminated your workers comp checks. This can be an indication that the adjuster is going to start fighting your claim and it is a good time to retain an attorney if you have not already retained one.
4.You have reached maximum medical improvement–
In most cases this comes after the injured employee has been subject to an Independent Medical Evaluation (IME), or often the adjuster will refer to this appointment as a “second opinion.” The IME doctor gave the adjuster exactly what she wanted and that is an opinion that you do not require any more treatment and are able to perform all of your job duties on a full time basis with no restrictions.
If the injured worker was not seen by an IME doctor then he or she was released by their treating physician.
The workers compensation process can be quite confusion to most. If you have received some of the above notices then you are most likely in need of assistance. For a free consultation with an experienced Maryland workers compensation attorney
For immediate assistance call +1 (410) 937-1659 and speak with Maryland workers compensation attorney Mr. Rodabaugh for a free consultation.