Legal Question in Workers Comp in Massachusetts
Workers Comp.not abiding by judges order
I was injured on 04/25/00,while working. Since this time I have had to battle the company that represents my employer for any and all workers Comp.claims.Due to their negligence, I now suffer from Reflex Sympathetic Dystrophy because they have denied my health care.I have seen a great many Doctors in the Boston area,all whom have deemed me disabled due to the lack of proper care.On February 18,2002,I along with my Attorney,presented my claim to an Administrative Judge. On February 19,2002,my Attorney received the order of payment(ss)34.This states that the insurer was ordered to pay medical treatment under the provisions of M.G.L. c.152,(ss ss)13 and 30 including payment for outstanding prescriptions,mileage reimbursement and continued pain management. As of this date the Insurer has not abided by this judgement,nor have they filed an appeal.I was told by my representing Atorney that there is nothing I can do.The insurer has now offered to me the sum of $45,000.00 to settle. My Attorney advises me to accept this offer due to the total amount of remaining Section 34 benefits being $61,034.37. I am confused as to why a Judges order does not need to be enforced. Is this all that there is for my argument ,or do I have other options?
2 Answers from Attorneys
Re: Workers Comp.not abiding by judges order
While you may have resolved your case or otherwise moved on by now, let me suggest the following in the event this is still an issue for you....
While the administrative judge cannot enforce his own order, a justice in the Superior Court CAN enforce the administrative judge's order. It is unclear from your question whether the Insurance Company refused to comply with the order at all or only the aspect that related to medical care.
However, if the order was not complied with, even in part, you could file for enforcement of the order requiring payment of your disability benefits and / or medical treatment.
You should discuss this option with your lawyer as the wait for a hearing to begin can be a lengthy one and then the time needed for the administrative judge to file his or her decision can be months after the hearing ends.
You do have options and of course it is best to having access to the ordered medical treatment for pain management for RSD while the hearing process moves along at its own pace.
I hope this helps. Good Luck!
Channing Migner
Cline & Migner, P.C.
44 Front Street, Suite 290
Worcester, Massachusetts 01608-1712
Telephone: 508-792-6060
Toll Free: 800-332-0116
Facsimile: 508-797-1177
Email: [email protected]
www.worcesterlaw.com
Or
Marlborough Office:
The Victoria Building
277 Main Street
Marlborough, Massachusetts 01752
Telephone: 508-480-0818
Facsimile: 508-624-7019
This information is not, nor is it intended to be, legal advice.
You should consult an attorney for individual advice regarding your own situation.
This is not intended to establish an attorney/client relationship.
Re: Workers Comp.not abiding by judges order
You may wish to obtain a second opinion before entering into a settlement of this type. RSD can be extremely disabling.
Your attorney can ask for penalties from the ALJ if they continue to refuse to abide by the order. Your attorney can guide you on this. You should also ask your attorney about section 34A benefits for total and permanent disability and section 36 benefits for loss of function. Finally, be certain to ask your attorney about social security disability benefits.
Fiorentini Law Office
www.FiorentiniLaw.com
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