Question about workers comp hearing...

Asked about 2 years ago - Tifton, GA

i dont know what to do.adjuster has denied my cervical surgery.PI followed me for around,not sure how long before i noticed.im sure they have video of me going to the gym.surgeon had no restrictions on me just said dont do anything if it hurts,and i dont.i just try to do some kind of exercising and try not to get stiff.if i choose to have a hearing would i just be bashed?if the PI had something that was enough would they have stopped my checks by now?it was 3 months ago.they have offered a pretty large amount to settle without surgery about a month ago.is this worth fighting or should i just take the settlement and not waist my time?

Attorney answers (3)

  1. Lisa Morgan Edwards

    Contributor Level 11

    4

    Lawyers agree

    Answered . An insurance company cannot unilaterally stop paying your weekly benefits unless you return to work full time, regular duty or the authorized physician signs a note releasing you to return to work and the company gives you notice of the suspension of benefits. I suggest you consult with an attorney about the amount of settlement being offered as to whether it is fair. It will come out at a hearing if the p.i. has you under surveillance and you've been to the gym. You can contact me at 478-254-3519 if you wish to discuss this claim further.

  2. Thomas L. Holder

    Contributor Level 11

    2

    Lawyers agree

    1

    Answered . You should hire an attorney to help you get the medical care that you need. The insurance company cannot stop your checks without going to court unless a doctor has returned you back to work without restrictions or if you started a different job. The threat is that the insurance company will show your doctor the video of your activity and he changes his opinion. Good luck.

  3. Brett A. Borah

    Contributor Level 20

    Answered . it's O.K. dto work out at the gym so long as you stay within the restrictions placed on you by your doctor. If asked about working out or any other activities, you have to tell the truth. Once you say you did those things, it takes all of the steam out of the P.I. report and testimony.

    Consult with a good workers' comp attorney right away.

    Good luck.

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