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yet another question, sorry to be a pest.. Georgia

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  • genegene
    replied
    2 surgeries pending

    Very good advice Reggie. I have gotten some really good answers and some that were so far off it was scary but I have enough sense to wade through and find out what I need to know.

    Leave a comment:


  • Pattymd
    replied
    Originally posted by reggieandabears View Post
    In my humble opinion, my two cents, et al,

    If a person (such as and including myself) enters into and posts on a forum asking for advice they must EXPECT advice/answers that is/are not the advice/answers they are seeking.

    I entered this forum looking for advice. I EXPECT to have answers that may or may not be the ones I want. Therefore; I have the freedom the accept, reject, confirm or verify the advice I am given. I do not EXPECT a perfect answer from a perfect person...(unless I am praying..)

    I appreciate every and all answers to all questions I have posted, I do not understand why, when rendering an opinion on a subject, a responder is jeered, disparaged or flamed when the advice rendered isn't what other readers would have given. What help does that give?
    Finally, someone who gets it.

    Leave a comment:


  • reggieandabears
    replied
    In my humble opinion, my two cents, et al,

    If a person (such as and including myself) enters into and posts on a forum asking for advice they must EXPECT advice/answers that is/are not the advice/answers they are seeking.

    I entered this forum looking for advice. I EXPECT to have answers that may or may not be the ones I want. Therefore; I have the freedom the accept, reject, confirm or verify the advice I am given. I do not EXPECT a perfect answer from a perfect person...(unless I am praying..)

    I appreciate every and all answers to all questions I have posted, I do not understand why, when rendering an opinion on a subject, a responder is jeered, disparaged or flamed when the advice rendered isn't what other readers would have given. What help does that give?

    Leave a comment:


  • ScottB
    replied
    Slightly off topic, but I finally discovered the Iggy function.

    Hopefully, I won't use it often.

    Leave a comment:


  • ElleMD
    replied
    Yes my employer knows, and yes they are fine with it, not that it is your concern. If you must know, I'm a great multitasker.

    Leave a comment:


  • cbg
    replied
    How the responders here manage their time and their jobs is no concern of anyone else's.

    Leave a comment:


  • ElleMD
    replied
    Originally posted by injuredonthejob
    it looks to me after reading a lot of your responses to injured people that you are almost always argumentative with them, especially when you are so wrong abought so much other than what a H.R. person would do for the employer...not the employee. my two-cents worth as a see it. And i am glad that there is someone like GaOvertimeLawyer to set you straight and help us that are injured on the job
    By all means, if you have something that shows that this information I posted is incorrect, share it. I'm open to finding out if there are differences between the letter of the law and the application of the law. I can only go with what I have experienced so far and what my sources state. If someone has something that contradicts them, by all means share it.

    None of my claims are one this board so it really makes no difference to me what so ever whether there is a claim or not. I have no vested interest in detering a legitimate claim or giving wrong advice. I can't change what my background is and I can only answer based on the information given. The OP has a lawyer so I'm advising them to discuss the details with that lawyer as I don't have all the facts of the case.

    Leave a comment:


  • reggieandabears
    replied
    I have asked the atty why she thinks we should ask for a settlement now,

    her response makes sense to me:
    The future of my knee lies in a knee replacement. A procedure that WC will not cover(in her case experience). Being that I am still paid while I seek employment to fit the dr.'s restrictions the settlement process may take many months. During which I continue to see the dr for my knee issues and if the knee worsens I will still be covered by WC. I can also refuse any settlement if in my opinion it is not adequate. The dr. can also say that he will not give me a rating at this time and we can still wait.

    I have very little income pressure at this time(home nearly paid for, no credit card bills, car note etc. Only basic living expenses.) We live very cheap, in fact the WC checks cover all the bills so if the case or settlement drags on for months I will still be ok.

    Leave a comment:


  • ElleMD
    replied
    I'm agreeing with you on the TTD issue but once MMI is reached, generally the claim does settle, go to PPD or voc begins. Since it wasn't clear how long ago this injury occured or at what point in the process the claim was at, I asked. TTD does not just continue indefinitely until the 400 week mark has been reached if the person has reached MMI.

    The rest I agree has nothing to do with the OP's question so there is no point in arguing about it.

    Leave a comment:


  • GaOvertimeLawyer
    replied
    ElleMD:

    I'm trying to give you an example. You're missing the point and going off on a tangent.

    MMI means maximum medical improvement - in other words, the doctors have done all they can do. It does not mean a person gets cut off of Temporary Total Disability (TTD) - they may not be able to return to their job even after achieving MMI. You had made the correlation to MMI and TTD being cut off, and the two are not correlated. And, catastrophic designation is not a completely different animal - it makes the cap of 400 weeks go away.

    Use brain injury instead or whatever else - pick something major that may keep someone from doing their own job but wouldn't prevent performing other jobs.

    Leave a comment:


  • ElleMD
    replied
    I'm not trying to be argumentative but do you know this for a fact? Have you actually had cases that did not hold the injury to be catastrophic when there was a lost limb or paralysis? I ask as the plain language of the statue lists both limb amputations and paralysis as catastrophic injuries.

    Leave a comment:


  • GaOvertimeLawyer
    replied
    Originally posted by ElleMD View Post
    A quadreplegic would be a catastrophic claim which is a very different ballgame.
    Incorrect. Quadraplegia itself does not necessarily mean unable to perform any occupation, which is what is required for catastrophic designation.

    It is sometimes easier to see why a policy is such a way when an extreme example is given. But I'll take it down a notch - imagine a machine operator has one arm cut off - when he reaches MMI, he may not be able to do his own job - TTD does not cut off then. At 400 weeks, if he's unable to do any job, he can get catastrophic designation. In the meantime, if the employer insurer take no further action, the employee can continue to draw TTD as long as he cannot return to prior work, even if he can do other jobs.

    Leave a comment:


  • ElleMD
    replied
    Originally posted by GaOvertimeLawyer View Post
    2) MMI doesn't cut off anything (imagine a quadreplegic who reaches MMI - that's as good as he gets, but he certainly may be fully restricted from any employment)
    A quadreplegic would be a catastrophic claim which is a very different ballgame.

    Most often MMI is necessary before it is in either party's best interest (particularly the injured worker) to settle the claim. It is definitely required before PPD can be considered. Obviously guidance from the lawyer handling the claim and with all the details about it is best. I would still discuss with the lawyer why he is advising settling now as opposed to accepting this blindly. Make are that you understand what is being proposed and that you can live with those terms. A good lawyer will make sure you understand all the options available to you and the benefits and drawbacks of each.

    Leave a comment:


  • reggieandabears
    replied
    I have a lawyer, it was after hours when I asked most of the questions, and I am a need to know yesterday type.
    I also ask to verify the info the atty gives me.

    I was fired because I ran over the 12 weeks FMLA time and becuse the employer couldn't hold the position because I was out because of the injury... Yes, I agree same thing.

    Thanks on the TTD info. It verifies the atty. info.

    The fax the dr. got saying there was a position for me came from the IC, so I didn't think they could "offer" me a job...Personally I think it was their form of pressure on the dr to release me.

    After the dr visit yesterday, I spoke to the lawyer this AM, and they are drafting a settlement letter,
    wish me luck!!
    Thanks for all the info everyone.!!

    Leave a comment:


  • GaOvertimeLawyer
    replied
    Originally posted by ElleMD View Post
    No, that is not what I said. Since you have an attorney though, you really should be asking him or her how to proceed. I can give you the general info but that is who should be advising you what to do as they have all the info. What is considered "reasonable" is not cut and dry.

    If you are still healing and there is no light duty, then TTD continues. If you are at MMI, a light duty offer is made, you have a non-catastrophic case and it has been 400 weeks or you find a new job, the game changes.
    The OP has been fired - probably because of injury (or being unable to be present for work because of injury - same thing):

    1) TTD continues to be paid, up to 400 weeks total, after being fired for injury as long as there are still restrictions;

    2) MMI doesn't cut off anything (imagine a quadreplegic who reaches MMI - that's as good as he gets, but he certainly may be fully restricted from any employment)

    3) as OP was terminated from employment, employer has lost the option to offer light duty employment

    4) OP - get a lawyer if you don't already have one and work on a settlement before looking for a job.

    Full disclosure: I'm a lawyer with a 99% incliniation to the employee. Some others who have been giving some fairly specific (incorrect or inadequate) advice to you so far on these posts have been Human Resources reps with a very, very strong inclination to the employer.

    Leave a comment:

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