Workers comp lawyer explains why insurance companies stop paying and the frivolous defenses that are used as justification.
There are all kinds of reasons why insurance companies stop paying. Some are legitimate while others make you scratch your head in wonder.
Here is our list of top 3 frivolous defenses that we have seen in the last year.
1. Our independent medical evaluation (IME) is untrustworthy
Michigan law requires that you attend an independent evaluation if requested by your employer or its insurance company. A doctor selected by the insurance company will examine you and make a recommendation about your medical condition.
Many of these doctors make a career out of testifying for insurance companies and earn hundreds of thousands of dollars per year. There is nothing “independent” about these evaluations.
Sometimes even these doctors find our clients disabled or need treatment. In one case last year, an insurance company actually objected to the use of its own IME report because it was “untrustworthy.”
2. Your client can work just not here
Recent amendments to the workers comp law allow an employer or its insurance company to stop weekly benefits based upon “wage earning capacity.” This is a fancy way of saying you can work somewhere else and we don’t owe you anything.
We represent a woman who is highly skilled but cannot perform her job as a nurse because of restrictions. Her employer stopped wage loss benefits because she can get a job anywhere but not with their hospital.
3. Your client failed to show up for a medical appointment that we cancelled
One of the most important benefits under workers comp is access to medical care. A person is allowed to select his or her own doctor after 28 days. Unfortunately, insurance companies only want you to see their doctors. The reason is to save costs and control your restrictions.
We have a client who was refused medical treatment with her doctor. She could not afford to pay out-of-pocket so she cancelled the appointment. The insurance company then cut-off benefits because she did not follow-up with her doctor.
To speak with one of our workers comp lawyers, call (855) 221-2667 for a free consultation. There is no fee unless benefits are recovered for you.
– Alex Berman is the founder of Michigan Workers Comp Lawyers. Hes been representing injured and disabled workers exclusively for more than 35 years. Alex has helped countless people obtain workers comp benefits and never charges a fee to review a case.
– Photo courtesy of Creative Commons, by Images_of_Money.