What can an injured worker do when the insurance carrier’s attorney violates a work comp law and has to pays penalties 18 months prior to a scheduled hearing, and then say’s this is not an issue. He also provided false testimony to a hearing officer. You see, at the DCD level, attorneys can submitt false statements and the DCD allows it, only at the appeals level they swear under oath.


I can provide documentation that this is going on.

Update:
I was awarded $17,337.49 for back ttd benefits from November 30, 2007 through May 27, 2008 and a Decision and Order was on July 25, 2008. Insurance Carrier I/C has 31 days to pay they took 66 days in violation of section 386-92HRS , and later paid the 20% penalty of $3,467.43 on January 08, 2010 four days before my hearing on January 12, 2010 and said upon payment this is no longer an issue. well i jus had a hearing on December 01, 2011 for the issue of Fraud because they tried to conceal the violation in a settlement agreement three times. As you know section 386-91 allows us to enforce payment if not received within ten days after an appeal has been filed and no motion for stay of payment has been filed. I am still going to file this complaint in Circuit Court.

 

DISCLAIMER: This article is intended to provide guidance on some of the legal entitlements under the WC process (by no means exhaustive) and should not be used as legal advice on the handling of a workers compensation claim.  Contact the State of Hawai’i, Department of Labor and Industrial Relations, Disability Compensation Division, or the Labor and Industrial Appeals Board, or the union, or retain an attorney for legal advice, as appropriate, because each claim is different.  This website is intended for educational and informational purposes only.  We expressly disclaim any responsibility for actions taken or not taken based on information on this website.  The information is provided “as is” without warranties of any kind, either express or implied.  The content is general and may not reflect current developments and is subject to change without notice.

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