You have 2 years from the date of injury to file a claim in writing with the North Carolina Industrial Commission and you should report your claim in writing ASAP to your employer, even though you have done so orally.. As a general rule the empoyer has the right to direct medical care, so your refusal to go the the company suggested physician may be a problem. I would strongly advise you to speak with a workers' compensation lawyer in your area. Most of us offer free consultations.
Based on the limited information you have provided sounds like your attorney has filed for a hearing before the North Carolina Industrial Commission. Before you can receive a trial the rules require that you attended a mediated settlement conference. I suggest that you consult with your attorney asking that he/she explain the procedures and timeline as well as the benefits you may be entitled to. If you are not satisfied, you can always seek the advice of the Board Certified Worker's...
I expect that the answer will be no but consulting a Worker's Compensation attorney would be best. This would probably be considered what is known as an occupational disease since claim this arises as a result of repetitive motion. However it has been 12 years since you worked for this employer and a lot could have occurred in 12 years to have caused your rotator cuff problems. A doctor will need to say that your problems are caused by your work activities in the warehouse.
You will need to...
It sounds like your husband has work restrictions and is entitled to on going weekly benefits. However I am not sure you have provided enough information to allow for a complete answer here. I suggest you contact an experienced workers' compensation attorney who will meet with you for a free consultation.
I do not believe you have provided enough information to answer this question. I strongly suggest that you consult with a lawyer specializing in North Carolina workers compensation and/or Social Security disability.
I agree with Mr Shapiro that this will probably need to be decided by a Deputy Commissioner. You situation is also complicated by the fact that you apparently did not seek authorization for the physician that performed your surgery prior to surgery. This is not necesssarily a bar to having the carrier pay for your care, but it can may the process more difficult. I too strongly suggest you consult an experienced workers' compensation attorney.
I agree with Jesse. It is very difficult to determine how you should proceed given the limited information you have provided. I am confident you will be able to find a free consultation from a Board Certified Workers Compensation Specialist. Even if you choose not to hire a lawyer you will have a better understanding of your options.
The factual information in your case will still be admissible. This may come through your testimony, other witnesses or documents. It will only be the settlement discussions that will not be admissible.
Yes you are limited to the max rate for the year of your injury. You may also want to look into a form 18m which is a 97-25.1 application for additional medical compensation which may extend the time to keep your medical open.