gaiassoul1@yahoo.com
Senior Member
Posts: 1275
Joined: Feb 2004
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Saturday December 31, 2005 6:16 PM
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Depends on what the medical reports say. The medical reports then are evaluated as to the substance.
IF there was a specific injury prior to termination, heck if there was a CT filed (because the post-termination defense is not an absolute bar to a CT), and the insurance company failed to close out the specific injury by settlement and that injury has worsened to the point that it now causes a need for TTD or VR, heck yes the applicant is entitled. You don't have to work modified duties, prior to being entitled to VR services. This is of course applying the statues as they now exist for TTD and VR, so no VR for injuries after 1/1/05 and no TTD for more than two years after 4/19/04, subject to that statute.
This is hotly debated on this board about how to close unrepped claims, I say close em, even if you incur an applicant attorney fee by filling the application. I get all of those clocks ticking that I can to run every statute that exists but then again I was known as a very aggressive adjuster.
As to case law on which? TD post termination -- happens all of the time, not sure of the case law and the same with VR. But the labor code does not exclude the illegally employed, or provide a bar. Why employers believe the contrary is beyond me. I could terminate saints and gods for cause, employers cause is easy to prove up. So the liberal construction comes in because the legislature knew employers and injured workers alike lie.
Edited: Saturday December 31, 2005 at 6:17 PM by gaiassoul1@yahoo.com
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