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Thread Title: When is VR first payable.....
Created On Wednesday July 23, 2008 10:25 AM

rosellavera
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Wednesday July 23, 2008 10:25 AM

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1st DOI - 4/23/03 while employed with ER#1. Applicant files application in pro per, but doesn't indicate vocation rehabilitation as a disputed issue under paragraph #9.

Applicant files a CT in December 2007 for the period of 2/04-5/04 with ER #2. Application indicated vocational rehabilitation. AQME did find the applicant QIW in November of 2006 regarding the DOI of 4/23/03, the AQME did not find a CT ending 5/04. The applicant made a formal demand in writing for vocational rehabilitation on July 19, 2007 after being examined by an AME and the AME found QIW status.

When is VRMA/VRTD first due?

-Rose

Edited: Wednesday July 23, 2008 at 10:27 AM by rosellavera

stewshe@comcast.net
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Wednesday July 23, 2008 4:49 PM

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Rose,

Was the AME with ER#1? When they got the report, did they send a Notice of Potential Eligibility (NOPE) letter?

When was the first request for VR to ER #1? Has there been one yet? A request could be contained in the initial AA's filing notice of rep letter to ER #1.

The rule is the Def owes VR from the earliest of the following:

1. A request for services if the EE is eventually proved eligible for services, or

2. A breach of a duty to send a NOPE letter after, e.g. a finding of medical eligibility by a treating doc,
or a finding by a PQME or AME;
or 90 days of TD,
or after 1 year of TD when QIW becomes presumptive.

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Stew (James T. Stewart) e-mail: stewshe@comcast.net
Author: Work Comp Index & Tables & Schedules in "The Labor Code Book," by LexisNexis/Matthew Bender.

7th ed. Work Comp Index (912 pgs), $119.00 ea; next ed. summer, 2010 {Discounts for orders of 12 or more}
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Prices INCLUDE sales tax, and shipping.

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rosellavera
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Wednesday July 23, 2008 5:45 PM

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ER # 1 and DA go to AME 1/08. ER #2 doesn't participate in AME eval, but obtains a DQME who opined that applicant is not QIW. CT was filed in December 2007 against ER#2 for CT from 2/04-5/04. Applicant was P&S by DQME representing ER#1 in July 2004. No mention of a CT. Attributes PD to DOI of 2003 involving ER#1 and DDD. AA has language in his representation letter stating that applicant wants VR if he becomes eligible. Prior to ER#1 doctor declaring applicant P&S, applicant retired. VRTD exposure is from the 2004 through the present.

TOBDNCNG@aol.com
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Monday September 08, 2008 4:59 PM

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I think the more appropriate question is when should it be paid? Usually, ICs wait and wait and wait, forcing EEs to settle for pennies on the dollar, saving them millions is my guess; while leaving the EE stiffed again with not getting the benefit they are given by law. So sad..

Glowing,

Marygrace~

postscript2
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Monday September 22, 2008 1:00 PM

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Wow!

Something is awry here!

V.R. was repealed 01-01-04 so even though the Application asserted that V.R. was being claimed, it doesn't matter.

Did the I/W stop working for ER#1 and if so when/or-was there concurrent employment with ER#2? 3 months is a really short period of time for a CT! Further the SOL could potentially be raised unless the I/W was NOT aware that ER #2 caused injury prior to the filing of the App.

Was there medical evidence/opinion of a CT upon which the I/W relied up to file App with ER#2?

When was I/W P&S for the initial injury-the AME? Was the I/W still employed by ER#1 at the time of the AQME and AME?

LCS

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