Legal Question in Workers Comp in Iowa

Long back story before the question...

I have been out of work due to severe depression and anxiety for two months. The short term disability company denied my claim, which is a mistake because they did not get information from all treating physicians during my time off. Basically they contacted my primary physician for information for a time I was being treated by a behavioral health center, in which my doctor is not involved with the treatment. Based on my primary care physician telling the insurance company that I was not being treated by them during this time and they did not take me out of work. This is true as the health center was doing this. Upon admission to the health center, the insurance company was provided with this information, which apparently they chose to overlook. Now I have to go through an appeal process.

The added stress of this has made any progress I made at the health center obsolete and my condition is getting worse. Mainly the anxiety of losing my job and potential financial ruin is putting me over the edge.

The insurance company is "administrative" only when it comes to the policies, my employer pays the claims out directly and I believe are the final ones to approve and deny the claim.

Due to my condition, the anxiety of having to deal with this has increased my anxiety levels above what I have dealt with before. Because of the denial by my employer and insurance company, all progress is now lost and I am below level one.

Because of my relapse, being caused by the denial and now appeal process of my claims... can I claim workers compensation for this period as I am unable to function and it was caused by my employer and their insurance company?

The initial claim was for short term disability for reasons not job related. It is now job related at this point.

Another thing to note... this is a huge corporation I work at, which probably has the best of the best legal wise.

Asked on 4/20/12, 2:52 am

1 Answer from Attorneys

Stephen Lombardi Lombardi Law Firm

Hi, your question is more than one just seeking general information. You have a specific legal question with very specific legal issues. This is really not the proper forum for you to be discussing your case. I would strongly suggest you call an attorney that understands this area and make an appointment. If you want a referral I'm happy to oblige. Steve Lombardi

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Answered on 4/20/12, 3:27 am

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