Career Ending Operation???

UPDATE: Feb 12, 2016


SUCCESS....!!!!

W
ell apparently, the judge DID lower the boom on the insurance company, as my lawyer said..

about 45 minutes ago, my doorbell rang

it was a FedEx driver, with an envelope.

in that envelope, was another one.

in that other one, was a HUGE check for the 4 weeks they are behind......>!!

no penalty money however, by law, they have 14 days (from the court date) to pay me that money.

so now i am "caught up" in payments they OWED ME......!!!!!!

only ONE other time, was FedEx driver here, and that was in the very beginning of all this horse pucky..

they have been late several times after that first time, but they NEVER FedEx'd anything to me, until today....

so thank you judge, for LOWERING THE BOOM on the aceholes......!!!!!!!!!!!!


i had to go to the bank first, to make the deposit, then i went to my lawyer's office with copies of the check, date, and the FedEx envelope........

now i can pay my house taxes, first and second mortgages and other bills......instead of filing for bankruptcy....
 
UPDATE: Feb 13, 2016

well i got a surprise in this morning's mail.

a BIG penalty check from the insurance company.

it "would appear" that they are paying a penalty on the 4 weeks they were behind...

but, you see, by law, when a check is 2 weeks late, THAT one gets the penalty.

so the other 3 would not have been behind (yet).

So i sent an email to my lawyer, telling him of this big check.

i am of the wondering if the judge has leeway and ordered them to pay a penalty on all 4 weeks..???

so now, i have to wait for his response, it is a holiday weekend, so he may or may not respond, (some weekends, he does respond).

i made copies of the envelope AND the entire check with all the descriptions on it.

then i promptly went to my bank, and MADE ANOTHER DEPOSIT.......!!!!!!


i'll let you all know, as soon as my lawyer gets back to me.
 
Congratulations on getting them in line. And I can't speak for anyone else but if there is an 'unjust enrichment' there in the form of overpayment on penalties I would do the right thing and send it back now while it's still 'found' money instead of some time later when it's become 'your' money.
 
Congratulations on getting them in line. And I can't speak for anyone else but if there is an 'unjust enrichment' there in the form of overpayment on penalties I would do the right thing and send it back now while it's still 'found' money instead of some time later when it's become 'your' money.
not too sure what you meant, so i had to look up, Unjust enrichment.

i'll leave it up to my lawyer to tell me what's what.

for the time being, i'll be thinking that the judge made them pay the extra(??) for all the screwing around they have been doing, and he (the judge) hit them with some sort of fine(??)


my lawyer will get to see the photo copies i made, and will get back to me.
 
UPDATE: Feb 15, 2016

ok, i went to my lawyer's office today. it is not a state holiday, so his office was open.

i was correct my last update, that the judge "imposed" a fine/penalty on the insurance company.

the "usual" penalty here in my state, by law is, 10% of the weekly check.

the judge smacked them with a 20% penalty, (i like to call it a fine).

they actually paid me for 2 weeks worth of being late.

but my lawyer did say, if they find they made any mistake, (but highly unlikely as the check stub outlines the dates/checks), they will contact him, till then he said deposit it, cash it, whatever.

i told him that when the check came in Saturday, i drove so fast to the bank to make that deposit,my tires nearly caught fire.

then too, i have told him, ANYTIME i get a check in the mail or otherwise, i run to the bank ASAP.

so there you have it, the judge slapped them with a 20% penalty.......!!!!!!!!

God, I LOVE AMERICA.....and the judicial system.....!!!!!!!!
 
UPDATE: Feb 22, 2016

ok, had a follow up appointment at my surgeons office this morning. as i have mentioned in previous posts, the EMG testing proved that i have nerve damage, but how much or how severe, we do not know yet. The judge had sent the EMG report, along with my doctors high recommendation for MRI's. one with no dye, one with a contrasting dye, to better locate the damage, etc, to the court IME doctor, to see if he agree's to the MRI's, which he himself said way back in the beginning, MORE testing should be done.>>!!!

seems nearly counter-intuitive to me....


i had to report to the doctor's P/A, that my pain level had increased, from a near constant 4-5 to now a 7 - 8, with it being closer to 8.

as a result, walking is getting to be like i never even had any operation in the first place.

now comes the even more "fun part"

the judge is on vacation until March 29th...!!!

so we all have to wait till then, to see what the court IME doctor recommends.

the surgeons P/A, told me that when it comes to workman comp claims, nothing is fast or easy....

but at least, those checks keep coming in.

i suspect that soon however, the checks will be reduced to a lower weekly payment.

April 10, 2016, will be 2 full years out on comp.

i think i got everything caught up.


later.
 
UPDATE: March 30, 2015

i could not make it to court yesterday, so my lawyer emailed me.

it seems the court doctor agree's, that from the EMG test results, it is reasonable that i have that all important MRI.

we go back to court on April 14th, to see if the insurance company will pay for this, or try to fight it in court.

all the while, i continue to be in back pain, and my right leg continues to go numb.


and so it goes.....
 
UPDATE: April 3, 2016

ok, as of the last court date a few weeks ago, when the judge lowered the boom on the insurance company, for delaying my payments...??

everything was fine. each and every Saturday, my check would arrive.

but this past Saturday the 2nd, NO check. so i immediately emailed the lawyer about this.

now, as i have been told, and as i have told you here, a check MUST BE 2 weeks late, in order to be late, by state laws.

but i NEVER wait beyond the end of the week to notify my lawyer about a week gone by and no check.

i will wait again until Mondays (tomorrow) mail, and if no check, yet another email will be sent.

i suspect too, that i am coming up on the 2 year anniversary of my injury/claim, and that maybe, they are adjusting the payments now to be lower, which i was told, that after a "certain time" the insurance company DOES lower the weekly payments.
 
yeah, no check in today's mail.

i'll let my mortgage lender know i ain't gonna be able to pay this month's bill..maybe they will recommend a nice highway over pass to set up house..??

guess it's time to haul in the insurance adjuster in cuffs and leg irons.......that's something i really want to see.
 
UPDATE: April 4, 2016

this is my lawyers response to no check


"Glenn,
I just got hold of the adjuster. For some reason you fell off “repetitive pay” in their system. The check will be issued today. Let me know when you receive it."


this is the reply back to my lawyer

"for some reason...i seem to "fall off" that list far too often........ i think the judge needs to be made aware of this. but, i'll leave that, up to you.

thanks, and i'll let you know, when it arrives".
 
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UPDATE: April 10, 2016

got an appointment at the surgeons office tomorrow morning. gonna be a waste of time, as i do not have any MRI results.

about 1 month ago, the court appointed doctor said it was "reasonable to have the MRI done, as per the EMG report".

so if nothing else, the doctor will set up yet another appointment for maybe next month. maybe by then, i would have had the all important MRI done.

later this week in fact, the lawyers go back to court and see if the insurance company actually wants to approve the MRI after all.

i told my lawyer in an email, if they do not approve, we bust thier chops till they do..i am not giving into the insurance company's BS.

as it is now, they are playing the "hide the checks game" all over again.

i want the judge to put out a bench warrant for the adjusters ass, to be dragged to court.

he said he would do just that, a few week ago, when this crap was happening for the umpteenth time.
 
UPDATE: April 14, 2016

i just got this email from my lawyer...

Glenn,
The Judge is holding the case for 2 more weeks to try to get the MRI approved. I told the other lawyer about the late checks. I will let you know when I hear back.
________________________________________________________________

my response to him was this...


you mean to say the insurance company is either stalling or denying the MRI now..???

_______________________________________________________________________




Christ, they HAD at least ONE month to get this crap approved.....!!!!

like i told my lawyer a few weeks ago, i was a "long haul trucker"....

I CAN GO the distance......!!!!!!!
 
We understand how frustrating the system can be. I pray something can be done for you. My husband will never grow ribs back and will be in constant pain for the rest of his life thanks to that hit and run driver. Meanwhile thanks to Obamacare my insurance is too expensive. Husband is finally on Medicare. And Con-Way along with Cigna managed to screw us around.

UPDATE: April 14, 2016

i just got this email from my lawyer...

Glenn,
The Judge is holding the case for 2 more weeks to try to get the MRI approved. I told the other lawyer about the late checks. I will let you know when I hear back.
________________________________________________________________

my response to him was this...


you mean to say the insurance company is either stalling or denying the MRI now..???

_______________________________________________________________________




Christ, they HAD at least ONE month to get this crap approved.....!!!!

like i told my lawyer a few weeks ago, i was a "long haul trucker"....

I CAN GO the distance......!!!!!!!
 
UPDATE: April 25, 2016

as of Saturday April 23rd, it has been a full 3 weeks with no checks. the insurance company continues to play these games with me. my lawyer filed a petition to the court, to drag their ass back again to see what excuse they have this time.

we also go to court on the 3rd of May as well for the MRI approval or denial.

i certainly do hope i get my checks before then, as the bills do not stop coming in.

what a bunch of aceholes they are. they thought i was going to be a quick operation and be done and back to work. they did not plan on me being out this long.
 
what really exasperates this no checks in the mail deal, is that my dad died. i have been dealing with that, grieving and such, which seems to last a lot longer than i thought, and i also have to close out many of his things and take care of business and help mom get what she needs to get done due to dad's death.

i really do not need the continued BS from the insurance company, but I WILL persevere in this drama with the insurance company. they just thought i'd be a quick claim and be done with them.

with my dad's death, and all i have to deal with, on top of what was already on my plate, i am more determined now to go full throttle.

batten down the hatches, and strap yourselves in, Insurance company, I WILL GO THE DISTANCE.>!!!!!!
 
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Sorry for your loss pro1, may he rest in peace.
@ABFer and @Dockworker

thanks. in fact we go to court today.

i will be telling the judge that not only have i NOT been paid for one month now, but i also DO NOT HAVE any money to put down on a grave stone and ALL the associated fee's that go along with it, DUE TO the insurance company continually not paying me ON TIME.

i have too many bills to pay, that re MY BILLS, and now dad's burial and grave stone, and these aceholes continue to screw with me.

like i told my lawyer, when i first started driving, i was a LONG HAUL driver......meaning "i go the distance"...

i will win over any obstacle they throw at me.

until my case is settled, and it very well might NEVER BE, i can go the full 6 years on comp.

they still need to ok the MRI, AND any updated operation(s) to my back.

i will update later today, when i get back from the court hearings.
 
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