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Questions from NV Nevada

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  • Questions from NV Nevada

    1st, When do TTD checks stop? My husband has reached MMI and had his FCE at the end of June. We figure his employer would lay him off when they get the results. Sedentary to light duty. He worked in a mill, very few positions for Sedentary or Light duty. Anyway, there was a problem with the FCE results that we questioned, said he was tested on things he was not(climbing stairs and ladder). The report was to be rewritten. Still waiting for revised report and appointment for Rating. Do you receive TTD until the Rating, until his employer says they are going to keep him or not, or until PPD check is issued?

    2nd, My husband has became ill since his on the job injury. Had a hernia operation and got blood clots in his lungs from the operation. Asked the doctor if the hernia could be work related, he said he didn't know, could have been or he could of been born with it. (considering my husband is 52 years old, I would think it would have been discovered before now plus for years my husbands job was lifting 50 to 100 lbs all day every day at the mill). We live in a company town, if you don't work here you don't live here and everyone knows everybody else business, so his work knows about the blood clots. Question is how does this effect his WC claim? Because of the blood clots he will have to be very careful for at least 6 months on what he does. Can not do any thing that may cause bleeding or brusing. We are worried that his employer will use this to let him go instead of his injury and he will not receive his retraining.

    3rd, How long do you have to file suit? We have not hired an attorney as of yet. WC has been very good so far in not denying anything for the on the job injury(has been 14 months). My husband has not claimed the hernia was work caused (hernia operation just last week)but if things start going from bad to worse he might hire a lawyer.

    This is a very scary and confussing time for us. Not only will he lose his job either way, we will also lose our home. Thank you in advance for your input.

  • #2
    guessing here

    Originally posted by Reynie
    1st, When do TTD checks stop? My husband has reached MMI and had his FCE at the end of June. We figure his employer would lay him off when they get the results. Sedentary to light duty. He worked in a mill, very few positions for Sedentary or Light duty. Anyway, there was a problem with the FCE results that we questioned, said he was tested on things he was not(climbing stairs and ladder). The report was to be rewritten. Still waiting for revised report and appointment for Rating. Do you receive TTD until the Rating, until his employer says they are going to keep him or not, or until PPD check is issued?

    2nd, My husband has became ill since his on the job injury. Had a hernia operation and got blood clots in his lungs from the operation. Asked the doctor if the hernia could be work related, he said he didn't know, could have been or he could of been born with it. (considering my husband is 52 years old, I would think it would have been discovered before now plus for years my husbands job was lifting 50 to 100 lbs all day every day at the mill). We live in a company town, if you don't work here you don't live here and everyone knows everybody else business, so his work knows about the blood clots. Question is how does this effect his WC claim? Because of the blood clots he will have to be very careful for at least 6 months on what he does. Can not do any thing that may cause bleeding or brusing. We are worried that his employer will use this to let him go instead of his injury and he will not receive his retraining.

    3rd, How long do you have to file suit? We have not hired an attorney as of yet. WC has been very good so far in not denying anything for the on the job injury(has been 14 months). My husband has not claimed the hernia was work caused (hernia operation just last week)but if things start going from bad to worse he might hire a lawyer.

    This is a very scary and confussing time for us. Not only will he lose his job either way, we will also lose our home. Thank you in advance for your input.
    If the doctor is not able to say yes he got this from his work, then it would be hard to prove it is work related. Since you were diagnosed, and even had surgery for the problem, it would be hard to say "oh by the way, we want to file this as a workers comp claim". Chances are, your claim would be denied, since it took so long to request this. I would get a second opinion from a doctor on this. I've never heard of a person being born with a hernia and having no symptoms of it for 52 years, but I'm not a doctor, hense the request for a second opinion.

    Comment


    • #3
      For some odd reason, hernias are usually treated differently than other injuries. You are way past the deadline to claim it as a work injury, even if you wanted to. The fact that there is no distinct injury that caused it and that he didn't have surgery on it until after he'd already been off work for more than a year also works against the claim.

      Once your husband has reached MMI, he is no longer temporarily disabled and would no longer qualify for MMI. The FCE results would not prolong this. If he is in Voc rehab, (a usual reason for getting an FCE) then he would get paid then. I can't guess what his employer might do and if they may have work he can perform, but it is something he should be following up with them on. TTD *may* be paid until he is rated and officially declared at MMI. It varies. If he is incapacitated because of soemthing other than his work injury (like hernia surgery) he would not be eligible for TTD.
      I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

      Comment

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