There is nothing in the Wisconsin Worker's Compensation (WC) Act that allows the employer to require that the employee travel to and from a WC-related appointment with a company represenatative. Further, neither the employer nor its representative (including a claims adjustor or nurse case manager) has a right to be present during a WC-related medical evaluation. The sole rights of the employer or its WC insurance are to obtain medical records related to the injury and send the employee to an...
Your worker's compensation (WC) attorney should be able to advise you whether a personal injury (PI) attorney is needed in addition to the representation he/she is providing. Under section 102.29 of the Wisconsin statutes, there is a formula that provides how settlement proceeds are allocated if you make both WC and PI claims.
It is unclear to me whether you have a WC hearing or an OSHA hearing set, but sounds like WC. If you do not have an attorney, you should hire one promptly, as the issues can be more complex than they appear to a lay person. An attorney can help you evaluate the risks and benefits of going to a hearing vs. settling.
Cases that are being heard in places other than Milwaukee or Madison hearing offices take longer to get scheduled for hearing. The WC Division can give your attorney an idea of how soon the case will be set for hearing, but only after a Certificate of Readiness has been filed with the Division.
It appears that you may well have a loss of earning capacity claim under Wisconsin law, assuming that you have permanent restrictions due to the neck (vs. the shoulder) injury. You should hire an experienced Wisconsin WC attorney to review the permanent limitations and the results of any Independent Medical Evaluation (IME) report that has been prepared.
Under Wisconsin law there is a specific statute that permits you to recover money if you become sensitized to a particular chemical in the work place, and can no longer work there. If you are permanently sensitized to it, and this causes you to be excluded from a measurable percentage of the labor market, then you may have a loss of earning capacity claim. You can claim unemployment insurance now and that does not prevent you from making a WC claim at a later date.
In order for you to make a worker's compensation claim based on the injury from many years ago, your doctor would need to sign a WKC-16-B report -- a required State form -- stating his or her opinion that your current back condition is the result of that work injury. Ideally, the doctor would have reviewed all of the older medical records, including MRIs, X-rays, CT scans, etc., and then the current diagnostic test results, before offering that opinion.
The Worker's Compensation Division decides whether to allow lump sum payouts on a case-by-case basis. If you are working full time, it is more likely that it will be approved. Also, if you can show that you are using it to purchase a home or start a business, and have documentation to prove those investments, it is more likely it will be approved. Frankly, it can also depend on which judge reviews the request. If you are interested in an example of such a request, feel free to email me and I...
The statute of limitations is 12 years from the injury date or 12 years from the last date on which you received any compensation (weekly or permanent disability benefits), whichever is longer. I suggest you look into whether you are eligible for retraining benefits through the Wisconsin Division of Vocational Retraining.
You have a right to both worker's compensation benefits, as well as potentially a personal injury claim against the dog's owner. Wisconsin statute requires that the insurance carrier provide you a copy of the IME report -- without a subpoena. You need to retain an attorney soon who is experienced in these cases.