Injured Worker Forums - Blackmailed into interruption???

HOME PAGE

GO to CALIFORNIA Professional Forum

Navigation:

login

ALL FORUM'S TOPICS OR VOCATIONAL REHABILITATION TOPICS

Thread Title: Blackmailed into interruption???
Created On Friday February 03, 2006 11:22 AM

LiteGal1
Junior Member

Posts: 17
Joined: Jan 2005

Friday February 03, 2006 11:22 AM

User is offline

View thread in raw text format

Question: Does an insurance carrier have the right to enforce a mandatory interruption of VRMA?

A plan was signed and sent to insurer; they didn't like it - they choose a new QRR who drew up a whole new plan (I had NOTHING to say about it - no input whatsoever), then they sent me the plan and told me to sign it. I said no as I have concerns over the contents of the plan and never even discussed it with the new QRR, so insurer sent me a notice 'confirming our agreement to interrupt benefits "because you won't sign the plan".'

I wrote back explaining I never asked for or agreed to an interruption of benefits - I suggested we go to the Rehab Unit to resolve the question over the new QRR and the plan they want me to sign and asked them to reinstate my VRMA benefits. The adjuster won't do it.

I'm unrepresented and would appreciate any comments. From what I read in the Labor Code, it looks like only the employee has the right to ask for an interruption. Thanks so much all.

injuredworker101@yahoo.com
Senior Member

Posts: 1527
Joined: Apr 2004

Friday February 03, 2006 6:37 PM

User is offline

View thread in raw text format

File an RU-103 immediately. The IC does not have the right to pick another QRR without your agreement. This also takes money out of your plan again to pay that person. This needs to go to the VR unit ASAP. Usually the IW wins at this hearing so go for it.

LiteGal1
Junior Member

Posts: 17
Joined: Jan 2005

Wednesday February 22, 2006 6:50 AM

User is offline

View thread in raw text format

OK - Stupid question here (sorry!)
I did as you suggested and just received notice from Rehab Unit that matter is set for a Conference.
My 'stupid question' here is as follows:
Conference Notice says that all parties are to be present, prepared to frame issues, and write a statement to support their position

I already outlined my position on the RU103 that I filed - are they saying I need to write an entirely new statement more or less reiterating what I already wrote? and, if so, is this something I need to serve on the Defense attorney & Rehab Unit BEFORE the conference? or something I can give them on the DAY of the conference? If a new statement is needed, is there any particular format you'd recommend?

Again, sorry if this seems like a silly question, but I don't want to make any mistakes now....
You all have been so great - my sincere thanks!

injuredworker101@yahoo.com
Senior Member

Posts: 1527
Joined: Apr 2004

Wednesday February 22, 2006 10:30 AM

User is offline

View thread in raw text format

I am basing my explantions on the San Diego and Long Beach venues since I have been before both enities.

This notice of hearing always says that. You do not need to make a written statement again. You have already done this. I think this is a chance for the defense to object. But they can object all they want. You still get your hearing. If you want, you can request the defense offer a position statement. However, my finding is that the defense likes to come into these hearings and try and blind side you.

Be ready to state your issues and bring proof to court. Bring the signed and dated plan. Then request VRMA at the delay rate which is your TTD rate. They have delayed your plan. It is not in intrupt. You will need to argue this. Argue that the plan was agreed on and signed and you were not able to start because of what the IC did. You never requested intrupt therefore, they delayed, now its VRTD.

The defense will do the same. They most likely will bring the new QRR who will actually testify or talk on their behalf. Make certain to object to this QRR's presence in that you did not agree to them. By law you are able to pick your QRR. They do not get to pick for you. It is by mutual consent of who the QRR is. So try and get the QRR thrown out from the get go. If not still object to the new plan and the VRMA is at delay rate.

If the QRR becomes an issue, the rehab consultant can pick another QRR for you. But this should not be an issue since they aready agreed and signed a plan with the first.

The rehab consultant can make a finding but it is appealable within 20 days to the WCAB. It is really the WCAB that has the final say.

So you are on your way to straightnening out this mess that THEY created.

Also remember to object to the fact that a new QRR took more money out of your plan when it wasn't necessary. The rehab consultant or the WCAB judge could in fact give you a new plan. That starts the cap all over again.

injuredworker101@yahoo.com
Senior Member

Posts: 1527
Joined: Apr 2004

Wednesday February 22, 2006 11:36 AM

User is offline

View thread in raw text format

P.S.

I want to give credit to Ginger whom I learned this voc rehab stuff from. She selflessly helped me on mine of which was a HUGE mess. It is from her that I am offering my help today in this regard.

So my help on the VR is really a tribute to her.

Thanks, Ginger I am trying to pass it on.

FORUMS > VOCATIONAL REHABILITATION

FuseTalk 3.0 - Copyright © 1999-2002 e-Zone Media Inc. All rights reserved.

© 2013 WorkCompCentral Workers Compensation Forums