Legal Question in Workers Comp in Washington

Worker's Compensation

My daugter-in-law has been fighting with worker's compensation about a shoulder injury. She has an impairment rating, and they want an I.M.E. done. She has already done this before. She lives in Eastern Washington, and they want her to have this done in Seattle, WA. Who is responsible for her expenses to travel, and also any wages she may lose from her job?

Asked on 2/01/07, 9:15 pm

1 Answer from Attorneys

Paul Bryan Paul W. Bryan, Attorney at Law
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Re: Worker's Compensation

The Department is responsible for all the costs including meals and lodging. However, unless there is good reason to come to Seattle, which I doubt, she should demand a panel nearby. Not know ing the facts I can only guess that her doctor gave her an impairment higher than the department thinks she should have and wants their "specialist" to lowball it. This isn't necessarily a bad thing, because if later she needs to reopen the claim she will have to show worsening. If she closed with a 10% impairment, she will have to show 11% at least. If she really should have been a 5 and is now really at 10, she has worsenned but can't prove it because she closed with a 10. See what I mean? Anyway, without the facts I am just guessing. She will have to do a panel regardless or they will cut off her benefits for non cooperation. In this situation you may want to consult an attorney directly, Good Luck

Paul

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2/05/07, 11:57 am

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