I hear this at almost every new client interview – “I told my claim manager that this is not right, and they know it!” I leaf through their paperwork and see that there has never been anything sent to the Department. I then have the very uncomfortable job of telling them that the decision is final and binding because they did not put their protest in writing.
What is final and binding? It means that the Department has made a decision and enough time has passed that you can no longer protest, appeal, or change the outcome in any way.
If you disagree with a decision or order made by the Department, put it in writing and send it in. You only have a certain amount of time to submit a protest so do not hesitate.
Sending in a handwritten note saying “you’re wrong about the thing you said on May 25th, 2014” may not get the claim manager to change his or her mind, but it does mean that the order will not become final and binding without the Department taking further action.
The strongest protest is accompanied by your doctor’s note, but this can sometimes be difficult as doctors don’t always make notes at the exact time they meet with you, and unfortunately the medical note doesn’t always match the conversation.
If you have a question on an order you received, need to protest a claim manager’s decision, or need help figuring out the next step on your claim and you would like a free consultation with a dedicated worker’s compensation attorney, contact Carlisle & Byers for a time to meet.