Legal Question in Workers Comp in Illinois
19(b) I thought it was cut and dry
My lawyer was ready to file a 19b. Then all of a sudden he says he needs all kinds of past dr. reports from years past.
The Ins. Co. IME said I am at Max. Med. improvement with a 25# weight limit. My dr. says I need surgery. The kicker is I went to get my idot physical renewed and they will not let me return to work with any kind or weight restrition.
Now the ins. co. has stopped my TTD checks. Another IME from the ins. co. says the pain in my foot is from my back and has nothing to do with my feet which are ok. Out of 5 people I've seen for my back, only 1, the ins. co. 1st. IME, says i do not need surgery.
I thought that the 19b was to reinstate TTD checks and to be able to continue PT. With everything else set aside for future debate. Thanks...
1 Answer from Attorneys
Re: 19(b) I thought it was cut and dry
I read your posting several times and I still am not sure what the question is....I am going to try to give you some general information in the hope that it will be helpful.
A 19(b) Petition allows in certain circumstances (e.g., not receiving TTD checks) for an injured worker to get an expedited hearing.
A 19(b) takes precedent over other requests for hearings because of the "urgency" of the dispute.
At a 19(b) hearing, the arbitrator conducts a trial not substantially different from a complete trial on the merits of the case. Your lawyer needs to present sufficient evidence to prevail because you have the burden of proof that you are entitled to benefits you seek.
If you win the 19(b), your benefits will be reinstated and you still have a trial at the end of the case (if the parties do not settle) on the remaining issues. If you lose the 19(b) then that particular issue is lost more or less forever (unless a review appeal is presented).
A 19(b) from start to finish would take about 2-3 months before you have the written decision of the arbitrator - however, it is the only real way to compel the insurance company to provide the benefits to which you are entitled.
Good Luck,
Matt Belcher
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
