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How soon after an arbitrator makes a ruling that an injury was compensable does the insurance company have to pay all the TTD?

Chicago, IL |

Injury is now going on to 2 months and a week. We have a 19(B) hearing scheduled in less than a week and since even the company doctors related the injury to the work that is done in the position..does it depend on the arbitrator how soon they have to send a check to the injured employee?

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Attorney answers 5

Posted

Assuming the other side doesn't challenge it on review, should be soon.

Ask your lawyer if a decision is official and whether the review was filed.

This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client relationship created or formed and you should not rely on this as legal advice. The suggestion is made that if you wish to protect your rights, you consult with an attorney immediately.

Posted

If you have to try the case, please get an attorney to help you. Even with an attorney, assuming you win at hearing, the other side has 30 days from the date they receive the arbitrator's decision to file an appeal (Petition for Review). The arbitrators generally write and then file their decisions anywhere from 30 to 60 days after the date of the hearing. So, if you win at hearing and no review, hopefully within a week or two after the insurance attorney tells your attorney they are not appealing. If it is on appeal (review), it can be a long time since the Commission has to render its decision and then that decision can be appealed to Circuit Court, then Appellate Court, then Supreme Court (if warranted). This could be a few years which is why you should hire an experienced work comp attorney in your area.

Posted

Typically, the other side will challenge the decision (appeal), which means they will attempt to not pay until the appeal is exhausted. If you win, your award will earn interest in the meantime, but insurance carriers typically will still take a shot at an appeal to the Commission (which is a panel of 3 persons) who will review the file and decide whether to affirm the decision of the Arbitrator or not.

Have a sit down conversation with your attorney and discuss these issues with him/her. Hopefully that will make you feel more comfortable. Good luck,

Posted

Here's a brief timeline in my experience:

1)Hearing date
2) attorneys for both sides submit proposed findings 2 weeks after hearing date
3) arbitrator rules on hearing: can take anywhere from 30 to 90 days (though things have improved); and
4) other side has 30 days to appeal decision

So, it may take some time.

Please note that this answer is for informational purposes only and should not be construed as legal advice or an offer to form an attorney-client relationship. It is always advisable to seek the help of an attorney licensed in your state before proceeding on any legal matter. Please feel free to contact me with the information listed below. Good luck! Napleton Law, Ltd. 312.255.0115 jerry@napletonlaw.com www.napletonlaw.com

Posted

If the matter proceeds to Hearing, you cannot see any money for at least 3 months. Your attorney should have explained the process.

If this information has been helpful, please indicate by providing feedback that the answer was either "helpful" or "best answer" as appropriate. Legal Disclaimer: Mr. Candiano is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question.