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Karl P. Voigt IV

Karl Voigt’s Answers

105 total

  • Question regarding SSDI denial

    I am a 35 year old life long construction worker. On May 1st I was in an accident that left my right arm and hand paralyzed, so I applied for SSRI. My claim was just denied stating that my injury would not last for 12 months and will not prevent m...

    Karl’s Answer

    Robert is correct. You should post this question in a Social Security disability forum. In quick answer to your question, however, once you file an appeal to have your Social Security disability case heard by an administrative law judge, it can take a year or more just to get your day in court.

    If your right upper extremity injury was work-related, your first remedy would be Workers' Compensation. If it is work related and you have not yet advised your employer about the injury, it is absolutely imperative that you do so immediately. There are strict deadlines for giving notice of a work injury.

    If yours is a work injury and you have more questions, we encourage you to post them here.

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  • I got hurt at work in 2008 does that count

    at URs

    Karl’s Answer

    Generally, there is a three-year statute of limitations for filing a claim. To answer your question "does that count?" requires more information. The first question I would ask you is whether the Workers' Compensation carrier has officially acknowledged your injury as work-related. If it has and, as you post, some sort of Utilization Review (UR) has been filed, you should be talking with a lawyer.

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  • I was at work and fell at customer site. I tripped and fell on rebarb and 2 inch wide bolts sticking out the ground.

    I bruised my left forarm, cut open my right hand and rehurt my old shoulder injury. Hurt both knees from hitting ground. Hurt lower back.

    Karl’s Answer

    Sorry to hear about your injury. As others have already pointed out, you have likely a Workers' Compensation case, as well as one for personal injury.

    You need to take some immediate action, and don't necessarily need a lawyer to get started.

    First and foremost, you must immediately notify your employer about the injury, carefully describing each affected area of your body. There are some pretty strict deadlines for advising your employer of the work injury. Once you do, your employer has 24 hours to report it to its Workers' Compensation insurance company. In turn, the insurer has 21 days to investigate your case and accept or deny liability. As you can tell, the sooner you give notice, the better.

    Your next immediate step will be to seek medical care. The sooner the better, not just for your recovery, but also for your case. Any delays in getting medical treatment for a work injury could possibly be used against you.

    The best result in your case would be a quick and full recovery. Usually, a lawyer gets involved if that doesn't happen, or if the insurance company has denied the case. Naturally, it would not hurt to sit down and talk with the lawyer to lay out a plan to address all possible contingencies.

    Good luck!

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  • Why my workers comp checks stop coming after the last visit I had with my doctor

    I have been under medical treatment for more than 2 years my job terminated me 3 months after the accident , before 3 weeks ago I had the last appointment with my doctor where he discharged me with modified duty and after that workers comp stop s...

    Karl’s Answer

    Your question actually generates more questions. However, if you have been receiving wage loss benefits for more than, say, 90 days, the carrier has inappropriately stopped your benefits. There are very strict rules for when a carrier can legally stop your checks. It does not sound like the insurance company has complied with those rules. It may indeed be time to consult with a lawyer. There are potentially severe penalties if the carrier has illegally stopped your benefits.

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  • I was injured 5 years ago while employed with Home Depot. I hired an attorney. End result, workers comp to pay all medical exp

    Workers comp agreed to pay all medical/prescription. They've paid for 5 years and now all of a sudden they are refusing to pay anything. Said that they are sending me for an IMR, that was several weeks ago and as of today I've heard nothing. So...

    Karl’s Answer

    Sounds like the new adjuster is trying to make a name for herself. It also sounds like the carrier has indeed officially accepted responsibility for work injury. If this is the case, they are responsible for any and all reasonable and necessary medical treatment arising from the care of that injury. It may be time to file a penalty petition to have this issue heard by a judge. Of course, this would make it possible to "invite" the adjuster to the court room by subpoena to have her explain her actions - and inaction - to the judge. Good luck!

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  • Do I need a worker's compensation lawyer?

    Was injured 11/12 at work and experienced neck pain, along with burning sensation in right biceps. worker's compensation paid for 2 right shoulder surgeries, but I still encountered symptoms of weakness and pain during rehabilitation, and recently...

    Karl’s Answer

    First of all, be mindful of the three-year statute of limitations. If you were injured in November 2012, that gives you until November of this year.

    To answer your question, it sounds like you will indeed need a Workers' Compensation lawyer. Namely, you were not receiving any benefits, which would include wage loss and medical bills. If you are out of work now, you may be entitled to benefits since you've been out of work.

    If the insurance company has denied your benefits since day one, you only have a limited remaining period of time in which to file a claim. It sounds like you're not going to get anywhere without the assistance of a lawyer.

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  • What does form (LIBC-378) -Penalties (for violation of the Act, rules and regulation) mean after almost 2 years of setteled case

    I just received this form with my last employer name, attorney and insurance carrier including my name and my attorneys name. I have nothing to do with these people why did I receive this form. Does it have anything to do with my new injury even t...

    Karl’s Answer

    Sounds like you are represented by a lawyer and that lawyer filed Penalty petition. You say that your case was settled two years ago. Were both the wage loss AND medical portion settled or just the wage loss? Further, if you have had a new work-related exacerbation of a pre-existing condition, which in Pennsylvania is considered to be a new injury, Is there any litigation pending with that new employer?

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  • The case sld have taken 120days it's been 19mnths I am out of resources financially I cannot wait another couple of mnths.

    In Jan 2015, I won my workers comp case. The WC councils appealed and filed supercedeous as expected. March 3nd I rec'd that superscedeous was denied. To date 5/16/15, I have not rec'd monies due. My attn has left messages with WC council an...

    Karl’s Answer

    If the Workers' Compensation Appeal Board denied your employer's request for supersedeas by order dated March 3, they were required to comply (meaning pay up) immediately which generally means 30 days or less. Seemingly, your lawyer did the right thing in filing a penalty petition. One other possible -- and effective -- remedy would actually be to be file a lien against your employer's assets under section 428 of the Workers' Compensation Act. Regardless, once the penalty petition is in front of the correct judge, based upon what you've told us, there's a very good chance you'll see your money.

    Hang in there!

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  • Hurt at work(eye), do i need a lawyer?

    Incident Monday: It happened when I return from lunch they had several pallets of fiber and i needed to label. the dock was very busy and my manager John started to load a truck at the door , in a hurry implying that we were so busy when he goes t...

    Karl’s Answer

    Unfortunately, I have to give you a "lawyer answer": MAYBE.

    First things first, though. Make sure that your employer has submitted an accident report to its workers' compensation insurance company. Get confirmation from the person at work for doing so.

    A very close second priority will be to make sure that you get the treatment that you need to get better.

    The workers' compensation carrier will have 21 days to investigate and either deny or accept your claim. If it is accepted, they will have to pay for any and all medical bills related to the treatment of your eye injury, as well as any wage loss that you incur as a result of the incident. If they deny it, very clearly will need a lawyer.

    If your claim is accepted, you still may want to consult with a workers' compensation attorney , who will be able to give you guidance throughout the course of your claim. As a general rule, even though you might not actually have to "hire" (meaning "pay") an attorney, it is good to have one to counsel you from the very beginning. Good luck!

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  • Off work collecting WC 9 months with knee . Doc wants me to do a FCE. Can I choose who I want to go to?

    Had left menisectomy on July 29, 2014. Had PT, cortisone, Euflaxxa, and more therapy. I am in pain and limp all the time Also told I am candidate for total knee replacement.Not sure if I want to do The total replacement because doctor said even I ...

    Karl’s Answer

    You can choose who performs the functional capacity evaluation.

    You are well beyond the "captive period", a relatively short period of time where you *may* have to treat with doctors chosen by your employer. You are free to choose your own medical care providers.

    You wrote that you have already gone undergone physical therapy. If you have developed a good rapport with your physical therapists, and they offer functional capacity evaluations (FCEs), it may not be a bad idea to test with the people most familiar with your condition. You are, of course, free to go elsewhere as well.

    Naturally, when you do undergo the test, there are some things you should know ahead of time. Namely, You should know that there are tests built into the test to gauge your effort and exertion. Many patients don't know this, but you will likely be given a score to measure the validity of your effort. The doctor will use this score in actually prescribing your physical limitations.

    Therefore, It is important to put forth a strong and consistent effort during the examination, which is often conducted over several hours. This is not to say that you should hurt yourself. However, the therapist will be conducting periodic tests to gauge your effort. Good luck!

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