| Author | Subject: How long to they have to accept the upgraded injury |
| working in a cast | Posted At 12:06:31 01/20/2001
When I was first injured they said I had a sprain/strain, when it did not get better Doctors said it was a stress fracture. TheW/C insurance company accepted both claims. Now 9 months later the doc's did major reconstructive surgery on my foot for fractures and dislocations that were MISSED. I am in a cast for at least 4 months. I wrote the W/C insurance company over a month ago to up grade the diagnosis to the more serious injury. I have not heard anything from them regarding the upgrade. but they did approve my surgery. How long do they have to accept the new diagnosis? I know they would rather settle on the lesser diagnosis, but what I have is rare injury and will require at least one more surgery to relieve the pain. This will all come down to a PPD esitmated amount of 108 degrees. I haven't obtained an atty yet, what the W/C to offer settlement first. But if they do not accept the claim I may have to shop for one sooner. |
| Maybe they will, Maybe they won't... |
Re: How long to they have to accept the upgraded injury (Currently 0 replies)
Posted At 18:01:18 01/20/2001 I have seen cases up to 2 or 3 years in the system, and some even longer, things change when it is a permanent disability partial or not. I think you have to become medically stationery before anything gets settled, and that could take time. Not only that if you go to a hearing and win they can appeal it twice. Sometimes sooner is better when it comes to attorney's, sure you might have to give up some cash, but maybe he can get you more than you could have on your own...Or maybe some needed medical down the road. |
| Marty |
Re: How long to they have to accept the upgraded injury (Currently 0 replies)
Posted At 23:02:22 01/22/2001 Working in a cast, Maybe they will... is giving you Oregon law on his or her answer about being medically stationary and the number of appeals. You didn't say what state you were injured in so check the laws there. |
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