Just yesterday, a JCC (workers' comp judge) in another case ruled that the Statute of Limitations could not be held to bar the claim for medical care brought by an injured worker who requested a follow-up visit and where the doctor's office had submitted a written pre-pay authorization request directly to the adjuster before the SoL had run. The JCC ruled that the Carrier was estopped to deny benefits based on the SoL where they failed to act when they had a duty to do so and misled claimant to her detriment due to their omission until after time had run against the claimant.
I point this out bcz this is just one way that an experienced attorney might be able to ensure that your case remains open. You will, however, need to contact an attorney immediately to discuss your situation in detail. As you are learning, time is your biggest enemy in W/C cases, so please act now, before any more passes.
Ken Schwartz, Esq.
West Palm Beach, FL
Your lawyer cannot authorize a medical visit. All your lawyer can do is ask the insurance carrier on your behalf to authorize a visit. You may have an equitable argument to keep your case open, but you need to get a new lawyer working on it immediately if you can.
This answer is intended as general information and not as specific legal advice. If you want to have a free consultation with me, please contact me through AVVO.
I suggest that you personally go to the attorney's office and obtain a copy of the certified letter. Upon receipt of the letter, consult with an attorney as Mr. Connell suggested as well as a different workers compensation attorney. I suggest you do this ASAP.
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