Legal Question in Workers Comp in Maryland

Emergency Hearing With Workers Comp Commission

My cases is sort of complicated and I don't want to bore anyone, but this is the story. Ultimately I am still in considerable pain and have not reached my MMI yet. I have a lawyer. I am doing vocational rehab. I was referred to a job by the insurance adjuster. I made it clear to both my lawyer and the vocational rehab consultant that I found that fishy, but they said just to try it. I got an interview and made it clear that I was injured and still in pain from my injury at my previous job, that I needed to have steady hours, etc. Got hired and work for about three weeks. The first week I work I worked about 37 hours, the second week 25 and the third 20. I told the hiring manager that I needed steady hours and she promised that I would get them during the time I work, but didn't get anything. Now I have no benefits and the insurance company won't make the necessary appointment for me to get the medical treatment I need to possible get to my MMI. I now have an emergency hearing and just want to know what can be the possible outcome of this hearing? Can my benefits be reinstated? Will there be retroactive funds given? Will there be penalties for me or even the insurance company?


Asked on 2/01/08, 12:39 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Emergency Hearing With Workers Comp Commission

You should have received temporary partial disability while you were working in the "rehab" job, representing the difference between your weekly compensation rate and your wages from the new job. If you left that job because of your comp injury, your ttd benefits should be restored, but you will need medical support for that. Your benefits could be restored retroactively. I don't see a "penalty" situation here as you explained it.

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Answered on 2/01/08, 2:57 pm


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