Denied benefits after suffering a work injury? If so, never assume that a denial of Wisconsin workers compensation benefits is appropriate. Here is an example of an injured Wisconsin worker who had his workers compensation benefits wrongfully denied. After hiring Attorney Lisa Pierobon Mays of Mays Law Office, she got him his benefits within just one week.
J. L. hired Attorney Lisa Pierobon Mays of Mays Law Office on July 18, 2023 after his workers compensation claim for lost time benefits was denied by the workers compensation insurance carrier who claimed that accommodating work would have been available for Mr. Langsted had he not voluntarily terminated his position after being injured at his employer’s place of business.
As background, in Wisconsin, an injured worker is entitled to temporary total disability, or lost time benefits, for actual wages lost while healing due to a work injury. The healing period is when the injured worker is undergoing medical treatment, therapy, and rest yet still suffering from the injury. In J.L.’s case, he was restricted from any and all level of work, and therefore suffering complete wage loss. In this case, Wisconsin law requires that he receive 2/3 of his average weekly wage tax free. Such lost time benefits continue until the treating medical doctor believes that he has reached a healing plateau, or maximum medical improvement.
Before hiring Mays Law Office, J. L. made multiple attempts on his own to get the Insurance Adjusters to respond to his communications of complete wage loss, but he could not get them to return his messages and inquiries.
Immediately after being hired by J.L. on July 18, 2023, Attorney Lisa Pierobon Mays sent an email to the involved Adjuster and her Supervisor providing the history of documented physical restrictions and informing them of the above Wisconsin law on lost time benefits when injured on the job. Mays Law Office received no response so Attorney Pierobon Mays left detailed voice messages with both Adjusters on Friday July 21 and 25, 2023 verbally warning that a penalty claim for Bad Faith would be filed with the Wisconsin Office of Workers Compensation Hearings, on behalf of J.L, by Mays Law Office if the Wisconsin law was not followed. In the process, Mays Law Office also procured a supportive report from J.L.’s medical doctor clarifying, in writing, the doctor’s opinion on cause and physical restrictions.
For background, a penalty claim for Bad Faith in Wisconsin can trigger an additional award of either 200% of the total benefit amount due the injured worker or $30,000 if the insurance company’s failure to pay benefits is due to malice, reckless disregard, or bad faith. Wisconsin case law has defined reckless disregard as an “absence of honest, intelligent action or consideration based upon the knowledge of the facts and circumstances.” So, a workers compensation adjuster who knowingly does not follow Wisconsin’s law after being instructed on it, as done by Attorney Lisa Pierobon Mays in this case, walks a fine line that crosses over into bad faith for intentional bad behavior if they stubbornly choose to continue to not pay an injured worker his entitled workers compensation benefits.
Within one week, on July 25, 2023, after considering Attorney Lisa Pierobon’s Mays communications and intended involvement, the Adjuster was forced to accept J.L.’s claim for lost time benefits going back to July 20, 2023 and into the future.
If it had not been for Attorney Lisa Pierobon Mays with her 27 years of experience in knowing the intricacies of Wisconsin workers compensation law and acting quickly and aggressively, J. L. would still be without his lost time benefits. The Adjusters continued to assert their denial of benefits based on an alleged claim that J.L. voluntarily terminated his job with the employer claiming that such employer would have had accommodating work available for him had he not quit and therefore he waived any lost-time benefits. However, Attorney Lisa Pierobon Mays informed the Adjusters that such an argument was irrelevant because the restrictions of No Work for J.L. by his medical doctor immediately triggered the payment of lost time benefits regardless of whether J.L. quit or did not quit. In essence, the Adjusters needed to be educated on the Wisconsin law and instructed on what the repercussions would be if they did not follow it.
Attorney Lisa Pierobon Mays takes great pride in regularly catching workers compensation insurance carriers in their wrong doings. Some Wisconsin worker’s compensation attorneys will not take on claims unless there is serious permanent disability suffered by the injured worker and then they wait to pursue the injured workers claim for months only to settle it before a hearing. If Attorney Pierobon Mays spots a missed benefit that an injured worker is entitled to, such as medical treatment and mileage reimbursement, she will instruct the worker how to pursue it with the adjuster. If complicated, like in J.L.’s case, she will take on the fight and go after the worker’s compensation insurance carrier immediately. Attorney Lisa Pierobon Mays has built a strong reputation on being aggressive and swift in such claims. Fellow attorneys, insurance adjusters and carriers know her reputation for being a strong advocate for her client’s and her client’s have spoken out too. Check out the Google reviews for Attorney Lisa Pierobon Mays and Mays Law Office. They have achieved a 5 Star rating from Google based on positive comments and reviews from their past client’s.
Do not hesitate to call Mays Law Office and request a free consultation with Attorney Lisa Pierobon Mays. She is always happy to speak with injured Wisconsin workers who have questions about their work injury and benefits. She will patiently review the facts and circumstances of your injury, medical treatment, and explain all workers compensation benefits available to you under Wisconsin law. Lisa will give her thoughts and suggestions and take notes to save in the event future discussions are necessary. When applicable, Attorney Lisa Pierobon Mays will schedule an in-office meeting with you if formal legal representation is warranted.