Hello from Chicagoland. I have a work comp case and employer will not respond to
my atty's calls, emails or demand letters. With an upcoming status call, I'd like to know what
the assigned arbitrator can do to employer if employer (or his rep) fails to show for call.
1 Answer from Attorneys
It depends whether your atty is prepared. Has a penalty petition been filed? Has a Motion for Immediate Hearing been filed? Is your attorney prepared to go forward?
If you are owed TTD or are awaiting approval for medical care, your attorney has the power to compel the WC carrier to pay, every month.
If your medical care is completed and you are complaining about a settlement dragging on, again, your attorney's only choice is to force the matter to trial. That cannot happen unless he is prepared: He must have subpoenaed all medical records and CPT coded billing for all unpaid bills.
Meet with your attorney to learn precisely what has been done and where you are going. If your is unwilling or unable to prepare your case, seek counsel who is capable of aggressively prosecuting your claim. Good luck.
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