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Yes, he should be very candid with his attorney. The attorney may be able to secure more information for him and protect him. Generally, if the insurance company has evidence that the claimant is working, it would file a motion or request a hearing before suspending the weekly benefits. However, some insurers have been known to suspend immediately. I strongly urge your friend to consult with his attorney about his options.
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The answer to your question depends on a lot of different factors. Are you sure the Employer had workers' compensationt to begin with? How much money was he paying you and when did it stop. I would not delay any farther and contact a qualified workers' compensation lawyer who can help you sort all this out. Don't go at it alone.
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You take a very big risk settling your case while there is a recommendation for surgery on the table. Generally, I do not recommend my clients to entertain settlement until there is a clearer picture as to his or her medical condition. A 3-level cervical fusion is serious. While your arm pain may be gone, do you still have neck pain and headaches? What about the labrum tear? I believe it would be in your best interest to contact an attorney to help you evaluate your options.
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It is likely that the insurance company is attempting to gather evidence against you, especially if surgery is contested. If it is a private investigator hired by the insurance carrier, he or she may also interview some of your neighbors and friends about you. If there is incriminating evidence or footage that may cast doubt about your credibility or medical condition, the adjuster will make every effort to use it against you. I recommend you contact an attorney to assist you if you have not...
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Surveillance is very common in workers' compensation cases. It is my position that these private investigators are agents of the employer/insurer. If you are represented by a lawyer, the employer, insurer, or their agents should be barred from contacting you directly. These agents are required to go through your lawyer. If you are not represented, they may call you directly and ask you whatever they want. I recommend you contact an attorney if you have not done so already.
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Generally, no. As you have been informed, most settlements of workers' compensation claims are conditioned upon a voluntary resignation. If you accepted this condition, then I agree you will likely be barred from receiving unemployment benefits. However, there are those rare occasions where the Employer and Insurer do not require the voluntary resignation to be executed as a part of a workers' compensation settlement. These generally occur when there is collective bargaining agreement in...
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I believe you should contact an attorney as soon as possible. The adjuster and insurance company seem to want you to give up. There are strategies out there where they will try to starve you out or continue to delay until a judge makes them do something. It is important to remember that the adjuster and the "idiot sitting across the street" do not have your best interest at heart. Unfortunately, you are not alone out there and many unrepresented injured workers find themselves in similar...
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I am Georgia workers' compensation attorney who has handled these types of cases in the past. The insurance company will claim that your head injury was pre-existing and that any problems related to it did not arise out of or in the course of employment. In Georgia, the workers' compensation law provides for medical treatment to be paid by the workers' compensation insurance company as long as it relates to the work injury. In your case, it appears that we need a bit more information....
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The workers' compensation law in Georgia provides for lifetime medical care as long as the pathology remains related or caused by your workers' compensation injury. As for your rights, I recommend you be completely candid with your medical providers and retain an attorney who handles workers' compensation claims regularly. He or she will be able to assist you with securing a timely second opinion, obtain mileage reimbursement, and other potential benefits the Employer/Insurer will surely know...
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My practice is in Georgia and I am a workers' compensation attorney. In general , a simple client letter discharging my services is enough to discharge my services. It appears that you are in Michigan and do not practice law in your state and this response shall not be construed as professional legal advise under Michigan law. Generally, I would refer to the engagement letter as a guide. In the engagement letter, it will generally state the terms and protocol should you and your attorney...
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