No IIB yet

It has been about 7 weeks since my tpd benefits have stopped due to reaching MMI and I have an impairment rating and I still have not gotten anything from W/C. Also have not gotten mileage I sent out 2 months ago.

I called my attorney and let him know. His legal assistant said the insurance company has 60 days to pay mileage (thought it was 45?)but then when I asked her about the IIB she got my attorney on the phone and I let him know this and he said the insurance company wants to settle. He told me when I go see my doctor to get a Future medical expense report filled out.

Ok that's great and all but I want my IIB and mileage. Why isn't he asking the insurance company for these benefits? Is it so I don't look desperate for money and they will figure I would settle for less if I am and by filing a PFB they will know they are right about me needing money?

I go to my doctor next week cause I am having some problems still, if my doctor was to take me off MMI would the insurance company still have to pay me those IIB or would TPD start again?

Earlier this year it was stipulated that they pay me TPD benefits till I reach MMI.

The insurance company is even denying my medicine. Thankfully I found a pharmacy for injured workers and they give you your medicine even if the insurance company denies you them.

Sounds to me they are the desperate ones who want to settle. Any advice would be great thanks.

Mileage is 45 days, and your IB benefits should have started immediately.  I can't speak for your lawyer, but those benefits should have been requested and paid.  Otherwise what the insurance company owes in IB benefits could end up in your settlement, which isn't bad, as long as a legal fee isn't being charged for the value of the IB benefits.

Ok thank you. I was wondering. I was only working PT when I got hurt and my aww was 248.00 which would have given me 182.27 a week for tpd. Now that I have a permanant impairment and am not able to return to my previous job nor employer how much will my Impairment benefits be per week? Also on the back pay will they be charged interest and penalties and how do they calculate that?

Do I have to tell my attorney I don't want the legal fees charged on my back benefits or is this something he should already know?

The IB's are based on your average weekly wage of $248.00.  Your compensation rate (temporary total) is 66% of your AWW or $165.00.

IB's, when you don't return to work, are paid at 75% of your compensation rate ot .75 x $165 = $124.00 per week.  They should have started the rirst week after you were rated.  Payments are scheduled at 2 weeks for ratings between 1-10% and move up from there.  So if you had a 5% rating, 5x2=10, you would get 10 weeks of benefits. 

Penalties are owed when the payment is more than  2 weeks overdue, and are 20% of the amount due.  Interest is 12% per annum.

Your attorney should know the IB's are an owed benefit, but in the normal course of things when the carrier steps in to offfer a settlement the attorney charges a statutory fee on the whole thing.  Attorney's fees are so low anyway, most lawyers won't break out the cost of the IB benefits.  Not because of any malicious intent, the adjuster just don't want to go through the hoops of starting IB's and the atty. doesn't want to file a petition to get them started.  It's just quicker and more efficient to globally settle.

But if you need the money now, tell your atty to file a petition to get your IB's flowing.

You are wonderful. I wish my attorney would get back to me as fast as you do...lol

My rating was a 15% so they would owe me 35 weeks?

I told my attorney I needed money. All he was interested in was getting a medical expense form from my doctor. And for me to call his office after I have my visit with the doctor.  Can't he just call them and tell them give me what they owe me till we settle?

Any ways Thank you so much for your help.

Yes he can call the adjuster to start your benefits.

Ratings between 1-10% = 2 weeks

Ratings between 10-15% = 3 weeks, so you get 20 weeks for the first 10% and 15 weeks for the

next 5% or 35 weeks total.

Just prod the atty to call for you.  Nice but firm.

Ok this is getting "crazy". My doctor put me at MMI and since then like I said the insurance company hasn't paid me any IIB yet. Ok So I go see my doctor and he tells me I need to see him every three months for min. a year and also gives me some medicine and also gives me a referral to a PM doctor. But leaves me at MMI.

I always fax my attorney over the paper work my doctor gives me when I leave the office. I do that same as always (this one has the referral on it.) So the next day in the mail I get a letter from my attorney with a PFB he wants me to sign but it only has for authorization of a pain management doctor. Nothing about back mileage, nothing about IIB nothing.

I call him he doesn't get back to me only with a simple I am waiting on the other attorney to get back with me. Mean while I don't have two nickels to rub together. I don't think getting another attorney at this point would be wise either because wouldn't I have to give my current attorney money for work he has already done on my case? I have had him for well over a year.

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Typically IB benefits are paid when you are at overall MMI from all physicians.  Since there was a referral to a pain management doctor, you may not be at overall MMI.  Tell your lawyer to shotgun the petition to include IB benefits, TTD and TPD benefits.  You have to be paid for one or the other.

And yes, you would have to pay your atty for benefits he or she already secured, but that is up to the judge.  Tell your atty to file for the lost wages ASAP!

Well I was seeing two doctors and they both have put me at MMI. The referral was just last week. So it was originally court ordered that the E/C pay me till I reach MMI. So now when I go see a PM doctor they will have to pay me till I reach MMI with him? And then what about the time during MMI and the referral, would that be the IIB or TPD?