If a person is on wokers comp for over 27 years due to permanent disability and is now the age of 69 years. does the insurance company still have the right to send investigators to his residence?My second question is if that same disabled person feels a little better or not as sick as he once was what does or should he do?
I am afraid that as long as someone is on workers compensation, they have the right to investigate the continued need for benefits to be paid. So there is nothing illegal in them continuing to keep tabs and investigate periodically. If the disabled person is feeling better he needs to see his doctor and let the doctor write a report to workers compensation explaining how you still are disabled but you can engage in these certain activities that you may not have been able to engage in before. Just because you feel a little better if the doctor says you are still disabled but can engage in other activities does not mean they can take you off of workers compensation for that.
I hope you found my answer helpful, but please understand that if you did not get all of the information you may have wanted PLEASE USE THE REPLY TO EXPERT LINK IF YOU HAVE FOLLOW UP QUESTIONS AND NOT THE FEEDBACK BUTTON FOR BAD SERVICE. PLEASE CLICK ON “OK,” “GOOD” or “EXCELLENT” SERVICE. Kindly remember to ONLY rate my answer when you are fully satisfied. If you feel the need to rate anything less than OK, please stop and reply to me via the or REPLY TO EXPERT button with whatever issue or clarification you may need.
I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.
Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.
PLEASE NOTE WELL, LEGAL ANSWERS TAKE MORE THAN “MINUTES” TO PUT TOGETHER AS WE ARE DEALING WITH LAWS OF 50 STATES PLUS FEDERAL LAWS, AS WELL AS DEALING WITH OTHER CUSTOMERS, SO PLEASE BE PATIENT IT WILL BE MORE THAN “MINUTES” IN SOME CASES BEFORE YOU GET A RESPONSE, BUT BE ASSURED YOU ARE NOT BEING IGNORED.
There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.
You can always request me through my profile at http://www.justanswer.com/law/expert-paulmjd/ or beginning your question with “For PaulMJD…”
Thank you for your reply,What if the injury in question was a back injury and the disabled person used to use crutches to walk but now only needs the use of a cane or in some cases nothing at all, but still feels some back pain when walking?Also if we were to say that hypothetically an injured worker were to make a full recovery at the age of 69 where he is unable to work anymore due to age or unable to receive the potential social security retirement benefits that he would have received had he not been injured so long ago and continued to work and pay in to his retirement fund, does that still give them the right to discontinue his workers comp and leave him with the small amount of retirement benefits he receives now? Thank you in advance.
That is not an issue, since they are still disabled and still cannot work. Whether they are disabled or not is based on the doctor's report and not whether or not they progressed from crutches to a cane.If the person makes a miraculous recovery like that, then they could theoretically legally cut the workers compensation benefits and force the employee onto Social Security, but at this point it is highly unlikely once you have been on this long.
JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Thank you for your last answer.In the case in matter, I would like to ask. If this permanently disabled person with a back injury that took place in the State of Michigan were to be walking again but still feel sharp pains in his back, would this still be considered a Disability to the insurance company?Also, does the insurance company still have a right to ask a permanently disabled person to see a doctor at the age of 69? Would it still make a difference to them whether his disability is as severe as before or not?Last question is, is there a law that protects injured workers who have been on workers comp as the one described in my questions from being entirely cut off from workers comp? The reason I ask is because if the injured worker had continued his employment had the injury not occurred and paid more into his Social Security Retirement funds then he would be receiving more in retirement benefits now, so is there a law that says they could not cut off his workers comp completely at this age regardless of whether his disability has just recently improved?Once again thank you.
Yes, I am fairly sure that your doctor would still state you could not go back to work because of the pain and because you could certainly make your back worse again. Yes, they still can make you go to doctor for periodic examination of your disability.The laws only state they have to pay as long as the doctors have you as permanently disabled and while they can challenge it, generally after this long the courts will not allow them to cut off benefits, especially since I am sure your doctor is going to say you are still disabled because you really still are, you are just feeling a little better.
In regards XX XXX last case which was an individual on workers compensation for the past 27 years due to being permanently disabled from a back injury at work, who is now the age of 69.
The question is, as discussed in my previous questions that if injured worker feeling better at the age of 69.
Can the insurance company penalize him for not telling them or not notifying them of any progress in his health? Say if the injured worker is now able to walk however still feels sharp pains in the back due to his previous injury, can the insurance company penalize him for not saying so?
No, the insurance company should not punish him for this. It doesn't really matter if the worker feels better, it matters whether or not they have improved to the point where they can work again and whether their doctor says they can work again.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).