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  1. #1
    Join Date
    Apr 2007
    Posts
    2

    Unhappy Collecting Disability Insurance Benefits While On Workers Comp

    I was injured at work and was sent to and treated by Work med where my employer sent me. All expenses were being covered by workers comp. That is untill, I had a MRI showing a herniated cervical disk. At that time WC denied my claim. I recently went to a mediation set up by my WC advocate. At that meeting, the mediator brought to the attention of my advocate and my employer's WC lawyer, that they had not filed a letter of controversy within the 14 day period starting from the date the MD placed me on 20hr/wk work statis. This was back on Dec 4,2006. I was on that for 2 weeks then placed on no work statis. I am at this time still on no work statis. I was informed by my advocate that they will have to file an addendum to correct this and will be fined by the state of Maine which will be to pay me back comp up until the date they "fixed " the mistake.I have temp disabilty ins which I have not recv'd anything from yet.My question is: Can I still receive my short term disabilty? What does fine mean in regards to this application with WC? My advocate stated some say since it is a fine/penalty that technically it should not affect my disability but it's kinda like double pay? Any info would be appreciated. Thank you

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Letter of Controversy

    Whether or not you would qualify for your temporary disability insurance will depend on the terms of your policy, which I haven't seen. You should try to get clarification from your advocate as to what the "double pay" comment is about - if your policy permits you to recover the benefits in addition to worker's comp, it probably isn't a problem.

  3. #3
    Join Date
    Apr 2007
    Posts
    2

    Default Re: Letter of Controversy

    Thank you for your response. I am going to call disability ins. on Monday and get clarification on receiving benefits in addition to workers comp. I meet guidlines for my temp disability benefits. Soooo we shall see.

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