Settlements

Most doctors do not like sitting in a room for an hour or two with a couple of lawyers.

They are well paid for it, but most of them would rather do something else like treat patients.

That is why it takes from 3 to 6 months just to get the deposition set up.

It also is taking longer and longer to get medical records and bills.

Finally, it takes most judges from 60 to 90 days to get the decision written and out.

This does not take into account any appeals.

This will make sure that your complaints show up in the medical records.

What the doctor puts in her notes is very telling.

For example, if you have pain in your shoulder with reaching and lifting this can support your claim that you no longer can lift as much as before the injury.

In Illinois, with the recent changes in the Work Comp law, your medical records will become even more important.

It is more persuasive to argue you have ongoing pain and limitations if your medical records contain multiple references to your problems.

Remember your medical records are a huge part of your Workers’ Compensation case.

Utilization Review is another medical provider looking over your doctor or chiropractor’s shoulder and telling them whether your treatment is reasonable and necessary. This is supposedly based on national standards.

The change to the Illinois Work Comp law gives the employers more rights in relying on the Utilization Review.

If the employer uses Utilization Review it requires the injured worker’s medical provider to provide timely and complete reports to support their requests for the treatment. If they do not, then you cannot require Work Comp to pay.

In light of the Utilization Review, medical bills can be denied on the grounds that the extent and scope of medical treatment is excessive and unnecessary.

When Utilization Review denies treatment the burden of proof shifts to the injured worker to prove by a preponderance of the evidence that the treatment is reasonable.

The Illinois Workers’ Compensation Commission is required to weigh all the evidence, including the Utilization Review opinion.

What all this means for the injured worker is:

Most likely the Employer will order more Utilization Review;

More weight will be given to the Utilization Review; and

More treatment will be denied to injured workers.

If you get notice of a utilization review, then you need to contact a lawyer immediately.

The hand is now only worth 190 weeks versus 205 weeks. This means the percentage is based on 190 weeks.

The most that can be awarded is 15 percent of the hand for carpal tunnel cases. This equals 28.5 weeks

The only exception is if you can prove greater disability by clear and convincing evidence. At that the maximum award is 30 percent of the hand. This equals 57 weeks.

Clear and convincing evidence is going to be a pretty high standard.

This should keep the value of carpal tunnel cases down quite a bit.