Pending workers comp case for carpal tunnel, 30c filed, no attorney. Approved claim, doctor recommended surgery due to decreased dexterity in my hand and moderate CT on EMG. I have been emailing comp adjuster with questions about how do I get paid between wcomp and short term disability. Doctor req surgery, no reply from adjuster to all my emails and calls, 3 months . No VA filed, adjuster stalled saying my employer not providing correct wages and she requested. I have 80 percent ST disability. Today while I am at work, I receive an email to my work email demanding payment for several thousand dollars overpayment to be made in 30 days or I will be subjected to disciplinary action. They had a glitch in their configuration. I was outraged that they did this at work in my work email. I told them I needed breakdown of what comp was suppose to pay me and what ST Disability was to pay and a breakdown of what was paid. To me this was a ransom note for my job. My pay fluctuated, I thought it was offset b/c some weeks my pay was low and next paycheck a little higher so I thought they were playing catch up with comp. I asked about tax ramifications? Is this legal to do to at work?
There are very good reasons why people hire lawyers to help and protect them in work comp cases. You are starting to see why.
You as an injured worker don’t have the skills or clout to make them fix anything or to even follow the rules. That is mostly because you cannot effectively use the hearing process on your own behalf, operating pro se. Take all your paperwork and other information to a local workers’ compensation lawyer for some specific advice and guidance, before it is too late.
This answer is intended as general information and not as specific legal advice.
If your case is accepted then a VA is to be issued within 30 days. It is not a defense for failure to issue a VA that the employer does not provide wage information. There is a coordination of benefits provision in your STD wherein you cannot collect both at 100% benefit level. This is spelled out in your STD policy and is usually a dollar for dollar offset. As to the overpayment you will have to resolve this through your STD carrier or human resource department. It sounds like you should seek the advise of counsel and in addition request an informal hearing before the Workers' Compensation Commissioner.
I agree with both fellow counselors. This is going to need some astute legal effort to bring to a satisfactory resolution. Someone who understands both workers Comp and disability.
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