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View Diary: Open thread for night owls: Walmart eager for Court to help it block workers' disability benefits (71 comments)

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  •  Isn't that nice of Walmart? (7+ / 0-)

    Gotta file your appeal within three years of filing your claim. All Walmart has to do is run out the three year clock, and hey presto! no disability payouts. Because of course, if you appeal their foot-dragging to preserve your appeal rights, Walmart will accuse the claimant of bad faith negotiating.

    I remember working on workers' comp claims many years ago, and first running into the concept of a "de facto denial." That was a legal theory promulgated by claimants' attorneys to preserve claimant rights against carriers' delaying tactics. It took a while, but it finally became a recognized part of workers' comp law.

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