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Thomas C. Baumann
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Thomas Baumann’s Answers

13 total


  • I have been on workmens comp. for 28 months and I have another hearing next month.

    I recieved a notice for another hearing next month and I was told this would be my last one. My company was told by the judge for them to wrap this up within 60 days and it's over 90 days and nothing until today. What will happen at this hearing...

    Thomas’s Answer

    This question can only be answered by your current attorney. Email him and call him. Keep after him till you get your answers.

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  • I have been on workmens comp. since 2012 for a head injury. I just found out that I should be getting SSDI also?

    I got a call from someone in my company office that asked why I haven't applied for long term disability, I told her I didn't know I could so she had someone call me. I got this call yesterday and I was told it was under review but then she als...

    Thomas’s Answer

    There are issues raised are that have some potential problems. Long term disability could reduce your workers compensation benefit depending on the circumstances. You should talk to an attorney before you apply. As to the SSD claim you could be found disabled as of the date of your injury but many factors determine the onset date of disability for social security. SSD can be a slow process if you are denied benefits at the first level and you are forced to appeal that to a social security judge.

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  • How much time is workers comp aloud to take before getting back to you?

    Injured on june 8th and claim was denied resubmitted on june 26th, claim was denied do to them contacting old phone number and not able to reach me. I am still waiting for the results of what is going to happen. Workers comp claims still waiting o...

    Thomas’s Answer

    At this point the carrier is unlikely to accept the claim on its own and may be stringing you along. I agree it is time for you to hire an attorney

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  • Foul odor in the office has me sick. Should I see their doctor? Mold may be lingering.

    I've had hair loss along with stomach issues. I think it's due to mold in the office.

    Thomas’s Answer

    Yes you should see a doctor. You should also notify the employer about the problem and it's possible connection to your job so long as the employer is not going to label you a trouble maker. If there is that risk you may want to wait Til you see the doctor and get a confirmation that you suffer a work related problem. There are certain requirements in the workers compensation act regarding when you must tell the employer about a work injury that should be discussed with an experienced workers comp attorney practicing in your state.

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  • I was out on WC for an injury to my elbow which later when I gained feeling back my shoulder was also injuries without repair

    WC closed my case today without repairing the shoulder stated it had nothing to do with falling on my elbow

    Thomas’s Answer

    The workers compensation carrier should have issued a notice of compensation payable if it accepted liability for your injury. The notice of compensation payable includes a description of the injury for which the carrier is liable to pay medical benefits. If the shoulder is not listed, you would have the affirmative burden to go into court to prove to a workers compensation judge that your shoulder was also injured. You should speak to the doctor with whom you are treating for the shoulder to make sure that the Dr. believes that the shoulder problem is connected to the work injury. If the doctor is willing to support the connection between the shoulder problem in the injury, you would need to talk to an experienced workers compensation attorney about filing a petition to review the description of injury to obtain coverage for the shoulder.

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  • How does goes into deciding how much a WC claim lump sum is worth?

    Just wondering

    Thomas’s Answer

    Many things affect a settlement. The compensation rate, the severity of the injury, where the injured worker lives and other factors. Only an attorney intimately familiar with the individual case can properly assess its value.

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  • If I am getting workmens comp. can I also recieve other benefits?

    I am on workmens comp. and the other day I got a call from an insurance company that I paid for to have long and short term disability coverage through my work. They said I never made a claim from when I got hurt and wanted to look into it. My q...

    Thomas’s Answer

    If you paid for the benefit yourself then you would be able to collect both. However the individual insurance policy would have to be reviewed to determine whether the disability payments are reduced by the fact you are receiving workers comp benefits. If the employer paid for the disability policy then it would be entitled to a credit against the workers comp payment.

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  • I am entitled to back workers comp checks decided by a judge on 6/24/2014. When can I be expecting my check?

    On 6/24/2014 a judge ruled in my favor for back wages from 3/14/2014 to present. A check was to be issued to me less the 20 percent for my lawyer fees. When can I be expecting this check?

    Thomas’s Answer

    If no appeal is taken,typically 30 days. If the carrier delays longer than that it may be subject to a penalty.

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  • My Mother had an accident in a company vehicle while working on Feb 3 2014. It was very bad snow and ice out on roads.

    Her car had slid off her lane and into the other lane and into a guardrail. She wasn't transporting anyone at the time but was on her way to pick up a client, no other cars involved. Later that day my Mom had gone to the hospital because her chest...

    Thomas’s Answer

    If she is unable to handle her affairs you may consider having he execute a power of attorney if she is competent to do so. You could then schedule an appointment with her counsel to assess the progress of her case. If you feel that the case is not going as you wish you may consider obtaining new counsel. If she is able to she should schedule an appointment with her counsel herself, go in with a set of questions and seek answers.

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  • (Pennsylvania Worker's Comp Case) Can a IC's Nurse Case manager talk to the Dr. after my appointment without my permission?

    Also if not could the nurse be reported to perhaps the PA Nursing Board for privacy invasion ? I did not sign any of the papers from the nurse. No the nurse did not come in while I was with the Dr. but went in right after I came out, without askin...

    Thomas’s Answer

    If there is no medical authorization you have signed permitting the release of information this would be improper and a violation of law. You may have been asked to sign authorizations by your employer,the insurance carrier or even the doctor's office at the outset of the case. You should explicitly tell the doctor you do not give him permission to discuss your case with the nurse. You should send a letter to the carrier and the nurse revoking all authorizations previously signed. Make sure you keep a copy of the letter. I suggest the letter be sent certified mail return receipt requested.

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