Articles Posted in Workers Compensation

To change treating physicians you need a referral from your current treating physician to a new treating physician. Sometimes your treating physician may to decline to do so, if this is the case, a request can be made to the insurance company. If the insurance company refuses your request, then you may file a Petition for Change of Physician, see Idaho Code 72-432. Make sure your workers’ compensation doctor is within the referral chain of doctors that are authorized to treat you or the Idaho Industrial Commission has entered an order authorizing you to change doctors. If you fail to do so, you may be liable for fees charged by a physician you choose, if you have not been authorized to see that physician.

Your treating physician’s opinion may used and considered as evidence to support your case, but an insurance company may base its decision on the opinion of another physician other then your treating doctor. The insurance companies call their doctors independent medical evaluators or IME doctors. This is common and can be to your disadvantage. Get the help you need and an experienced　 Idaho workers’ compensation attorney. Get fair compensation.　 Not a penny more but not a penny less. Call me at 208-232-6101 or toll free at 877-232-6101. I offer free initial consultations and will answer any questions that you have.

This is a tactic that workers’ compensation insurance companies use to defend against your Idaho workers’ compensation claim. The can require you to go see one of their doctors they refer to as independent medical evaluators or IME doctors. They can choose to use the reports generated by the IME doctors as medical evidence to cut off your benefits.

If this happens to you, hire your own　experienced Idaho workers’ compensation lawyer to level the playing field. Protect yourself and your family.

Fred Lewis, experienced Idaho workers’ compensation lawyer

Ratings can get a little complicated when converting into benefits.　 Ratings should be based on the body part closest to the injury and converted to the “whole person” percentage. There are set percentages that are designated for specific body parts, which then can be converted to a whole person impairment rating. The AMA guidelines are used by almost all Idaho doctors.

If you don’t believe you are getting fair compensation and don’t understand what is going on, contact an experienced Idaho workers’ compensation attorney. You can contact me at 208-232-6101 or 877-232-6101. I offer free initial consultations and will answer any questions for free.　 I can tell you if you have a case.

Usually the two impairment ratings are averaged pursuant to (IDAPA 17.02.04.281.02). If the matter goes to hearing the Idaho Industrial Commission will determine the impairment rating.

There are times where the insurance company will deny your Idaho workers’ compensation claim. To dispute this, you will need to file a complaint with the Idaho Industrial Commission.　 This will start the formal legal process to bring the issue to the Commission for hearing and decision. Mediation is also a possible course of action to resolve disputes.　 Don’t go against these insurance companies by yourself. They have experienced attorneys on their side. Contact an experienced　 Idaho workers’ compensation attorney to help protect you. I offer free initial consultations, and I am here to help.

No there is no requirement to have legal representation to file an Idaho workers’ compensation complaint. These cases can get complicated and often confusing. Hiring an expert Idaho workers’ compensation attorney is a good idea, so that you may receive proper compensation. Contact me at 208-232-6101 or toll free at 877-232-6101. I offer free initial consultations and will answer any questions that you have about your Idaho workers’ compensation claim.

If proper filing and notice requirements have been met, there is no statute of limitations on medical benefits. In accordance Idaho code 72-706, if a lump sum settlement was reached and　 your medical benefits　 were not left open in your signed agreement that was approved by the Idaho Industrial Commission, your medical benefits are terminated. Best to consult with an experienced Idaho workers’ compensation lawyer before you sign any agreement with the workers’ compensation insurance company.

By Fred J. Lewis

Yes there is help! Often when someone is injured in an Idaho work related accident they lose earning capacity where that is due to restrictions, age, or impairment. Retraining services are available when ordered by the Industrial Commission or approved by the insurance company. The Idaho Industrial Commission has their own rehabilitation division where vocational training and assistance can be given. Moreover, the Idaho Department of Vocational Rehabilitation has programs to pay for tuition and books as a part of a retraining program.　 There is help out there for injured Idaho workers.

By Fred J. Lewis

Always try to protect your job first by making a request for unpaid time off under the Family Medical Leave Act (“FMLA”) even when you are on workers’ compensation benefits if it is legally available to you and your employer is bound by the FMLA. You can protect your job up to 90 days under the FMLA.

After the first 90 days have gone by it gets harder to protect your job because there is no Idaho workers’ compensation　 law against an employer terminating your employment even while you are receiving workers’ compensation benefits. Fringe benefits you are receiving from your employer will also end upon your termination. If you are still recovering from the work related injury and you are let go, your medicals bills relating to your on the job injury will still be covered by workers’ compensation. If you are terminated and you feel you aren’t being fairly compensated contact me or another experienced Idaho workers’ compensation attorney.　 You may have other claims against your employer that you need to bring.