What does it mean when the workers compensation controvert your benefits and denie your claim?
Posted June 8, 2012 8:16pm
In California, when the Adjuster issues a notice that the claim is denied, you have to (1) get evidence you were hurt as you described, then (2) request a trial and prove at trial that you were hurt as you described.
PostTraumatic Stress Disorder is NOT an 'attractive' ailment in California, because it often means the attorney is working long hours for no money (because the 'disability' is just to switch locations or the environment, 0% permanent disability).
So you will have to work hard to get a good lawyer. Proving a mental disorder at trial will be all but impossible without a lawyer.
Can you get chart notes or
a one-page report from the treating psych that this is a work-related injury? Medical evidence with a diagnosis helps the attorney a great deal (don't spend a lot of money, as this will likely be inadmissible. you just need a brief statement from the physician to guide the attorney).
YOU ARE LUCKY: Atlanta has a solid bar association with an xlnt lawyer referral service: http://www.atlantabar.org/displaycommon.cfm?an=1&subarticlenbr=46
Keep your story simple: you claimed work-related Post-Traumatic Stress and the Comp Insurer denied responsibility. (Nobody 'controverted' anything. that's just a 10-cent word for oppose.) You've just got a run-of-the-mill denied 'stress' claim. The attorneys you call for a free consultation will appreciate you being as brief and direct as you can.Source: www.avvo.com