Workman comp doctor says patient has reached MMI, so TTD benefits are terminated. Patients Doctor says patient has not reached MMI. Now, isn't it the Lawyer (representing the patient) responsibility to go before the Industrial Commission Judge and request a determination of whether the patient has or has not reached MMI?
For 12 months, my lawyer has refused to address this issue with the IWCC. Also the AWW statement from the Employer that the Lawyer is supposed to get to determine if proper TTD benefits have been paid to her client has never been received. Lawyer has said she requested it twice and was going to file legal request for the information. Lawyer then tells client she has the AWW statement, but when client asks for a copy and repeats the request for 4 weeks, Lawyer tells client, she has never received the AWW statement and may have to rely on clients copies of pay stubs for the period. (this has been going on for 11 months) Also client worked under Union Contract which stipulates hourly wage, holiday pay, and vacation pay plus because clients work was with lead products, Union also stipulated additional payment for showering, respirators, and hearing protection. Which of these items are not to be considered when computing the Average Weekly Wage for TTD benefits?