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Benefit Payments Reinstated after Carrier unilaterally suspends injured workers benefits

DISCLAIMER: The results are specific to the facts and legal circumstances of each of the clients’ cases and should not be used to form an expectation that the same results could be obtained for other clients in similar matters without reference to the specific factual and legal circumstances of each client’s case.

Our client has been out of work since March 2008 for serious traumatic injuries to her neck, back and right shoulder. The Workers Compensation Insurance Carrier arbitrarily suspend our client’s benefits in June of 2008. (A situation that occurs all too frequently!) We were able to have a hearing before a Workers Compensation Law Judge who agreed with our position allowing our client to receive ongoing weekly benefits (over $9100 in retroactive benefits as well!).

As a result of this decision, the Workers Compensation Insurance carrier is unable to unilaterally suspend our client’s benefits, but must actually follow the adminsitrative procedure of bringing the case before the Law Judge in order to change benefit payments – and provide that Law Judge with actual evidence such as a medical report.

As with many injured workers, our client must continue to struggle while she recovers and tries to return to work.