As if the carriers don’t already have the upper hand with regard to medical treatment, now they are cinching the purse strings too. “It’s a Cunningham issue.” I hear this phrase more than any other lately and it refers to Cunningham v. Atlantic States Cast Iron Pipe Co., 386 N.J.Super.423 (App.Div.2006).
If you suffer an admitted work related injury or occupational exposure, you are entitled to medical treatment and temporary disability benefits. However, if you have been recently laid off, fired, or quit, you run the risk that your workers’ compensation carrier will deny you temporary disability benefits even if you are receiving authorized treatment. You must be able to proof a loss of income. This may sound simple, but it is more difficult than you might expect. If you have been denied temporary disability benefits, you need legal representation. We offer free consultations to determine how we can best serve your needs.