If you have not had a hearing yet, there likely is no direction issued by a Workers’ Compensation Law Judge to continue payments at a certain weekly rate, which means the carrier may cut benefits whenever its own doctor’s opinion on the “degree of your disability” justifies a lower rate. If the claimant does not have an attorney, the insurance companies will take advantage by lowering the payment rate arbitrarily. This is a good example of why it pays off to retain a good workers’ compensation attorney.
If Workers’ Comp Judge has directed payments to continue at a certain rate, the insurance company must request a hearing and argue in front of a Judge to lower your payment rate. A few exceptions include if you have returned to work and are now earning equal to or more than what your average weekly wage (AWW) is set at; or your own doctor has issued an opinion that you have no further disability.
Posted in: Workers Compensation