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NJ Work Comp Laws New Jersey

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  • #31
    Originally posted by ElleMD View Post
    Not exactly. See here for details http://www.jjcelderlaw.com/SSDIOffsetMSABull.htm This is as close to a plain English explanation as I have found.
    It sounds like most of this is directed towards seniors over 65 or people with dependents, which neither applies to me. I did notice it seems like it would hurt me more financially in later years for the temporary relief now. That's about all I got out of it, it's very a confusing document. Thank you for this and the other NJ link. Still no word back from my attorney and I go to the Dr. tomorrow. Can I ask how long it will take to close the case if the Dr releases me tomorrow? And also how long will it take for the settlement hearing after closing the case if my knee does not get covered?

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    • #32
      The documernt applies to anyone receiving SSDI and payments from WC. Essentially some states offset the amount received from SSDI, and others permit SSDI to offset based on what is received under WC. It is a dollar for dollar offset over the 80% income maximum. NJ is one of the states that requires ther offset to be against the WC benefits paid, not SSDI.

      Your case doesn't automatically close because the doctor releases you. Unless you agree to settle the claim full and final (talk to your lawyer about this first), your medicals never close. You may file for permanent partial disability benefits based on the level of disability you have from the accident. This does not close your claim exactly, but it does put it on the back burner. There are certain time frames after which you may not be entitled to indemnity benefits and after which you can not apply for worsening of condition but that is years down the line and something you should discuss with the lawyer.
      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.

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      • #33
        Originally posted by ElleMD View Post
        The documernt applies to anyone receiving SSDI and payments from WC. Essentially some states offset the amount received from SSDI, and others permit SSDI to offset based on what is received under WC. It is a dollar for dollar offset over the 80% income maximum. NJ is one of the states that requires ther offset to be against the WC benefits paid, not SSDI.

        Your case doesn't automatically close because the doctor releases you. Unless you agree to settle the claim full and final (talk to your lawyer about this first), your medicals never close. You may file for permanent partial disability benefits based on the level of disability you have from the accident. This does not close your claim exactly, but it does put it on the back burner. There are certain time frames after which you may not be entitled to indemnity benefits and after which you can not apply for worsening of condition but that is years down the line and something you should discuss with the lawyer.
        Hi Elle,
        I just got back from my final doctors appointment. He didn't exam me at all, it was odd. I told him I'm still in pain occasionally and have a hard time sitting for long periods, getting in & out of the car and twisting is difficult. He said he is releasing me and that he's giving me permanent work restriction. I don't know what that means or what they are. He said it would all be in his report and walked away. He did mention "avoidance of any heavy labor" and "no heavy lifting". He wouldn't state his opinion on my knee, simply said I should go to his partner who is a knee specialist. Would I be able to get the info I need to get the need included in this claim from him with a regular office visit rather than an IME? Now that I'm released do my weekly pay checks stop as of today?

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        • #34
          Talk to your lawyer. Since the employer designates the provider in WC, you need to discuss with your lawyer the best way to address the knee. At the 11th hour it is going to be a battle to get anything approved. The fact that you have not had any treatment to the knee despite having complaints for several months is going to work against you.

          At this point, I'd advise you to wait for the report and see what it says as far as restrictions go. Typically when someone reaches MMI (maximum medical improvement) they are no longer eligible for TTD, but this can be extended in certain cirsumstances. You will need to discuss this with your lawyer as well.
          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


          • #35
            Originally posted by ElleMD View Post
            Talk to your lawyer. Since the employer designates the provider in WC, you need to discuss with your lawyer the best way to address the knee. At the 11th hour it is going to be a battle to get anything approved. The fact that you have not had any treatment to the knee despite having complaints for several months is going to work against you.

            At this point, I'd advise you to wait for the report and see what it says as far as restrictions go. Typically when someone reaches MMI (maximum medical improvement) they are no longer eligible for TTD, but this can be extended in certain cirsumstances. You will need to discuss this with your lawyer as well.
            Seems like I'm going to get the shaft with this knee and be left to fend for myself. I can't understand how they would expect me to go back to work or get another job with a blown ACL.

            If my attorney would ever return calls or emails I probably wouldn't be in half the mess I'm in. I need to know whether I should apply for unemployment or not. I assume because I'm not being treated for the knee and I have officially been released from the doctor I should apply tomorrow because they have a 3-5 week turn around time and I can't live without any income at all. Can I assume this is correct at this point and go ahead and apply? When I called unemployment they said I am eligible so I'm hoping that's true.

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            • #36
              It never hurts to try and file for UC. I'd check with the lawyer first to make sure benefits are really going to cease. There is no penalty for not qualifying for UC.
              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


              • #37
                Originally posted by ElleMD View Post
                It never hurts to try and file for UC. I'd check with the lawyer first to make sure benefits are really going to cease. There is no penalty for not qualifying for UC.
                Well I spoke with UC and they said I'm eligible. After numerous faxes and emails with details about my case to my attorney I still haven't heard back. I tried calling a few times and he's never in or returns the calls. So I filed for UC after calling the adjuster who told me my pay stopped the day after I was released from my doctor, so I hope I'm doing the right thing here. I don't know if I should wait it out or call another attorney to finish up the case.

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                • #38
                  What exactly do you want the attorney to do for you now? I'm not being snide, I'm asking. If there isn't something that needs to be done, there isn't much for the attorney to do.
                  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


                  • #39
                    Originally posted by ElleMD View Post
                    What exactly do you want the attorney to do for you now? I'm not being snide, I'm asking. If there isn't something that needs to be done, there isn't much for the attorney to do.
                    Well I asked him if he was going to schedule his own IME, I also asked him about UC and what happens now, how do we wrap this thing up and be done with it and I told him that I want to pursue getting my commissions added to my pay to receive that retro active like I asked him many months ago to do. It would mean I'd get about an extra $1500.00 retro that I could REALLY use. I even told him he could email me the answers if it's easier and more convenient for him, still no reply. To me, that's just ignorant and rude, you're (he) is getting paid to manage my case and protect me and now that I've been released and need answers he's nowhere to be found. He hasn't had to do anything in 6 months, the least he could do is return a phone call.

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                    • #40
                      I agree it is rude but that doesn't help you. Perhaps calling his main office and asking to speak with an assistant or paralegal would be beneficial. These are often the folks who really know what is going on and what is possible anyway. You might also request an in person meeting from whoever is responsible for his schedule.
                      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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