Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

MO. What advice would you give...anyone?

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • MO. What advice would you give...anyone?

    I was wondering if I could be making a big mistake by not adding to my "open" W/C claim. My case has been tied up in the system for 2 years now, with no end in sight. My injuries are requiring me to be seen by a pain mgmnt. specialist to try and at least lead a somewhat normal life while my case drags along. I am in need of a TKR my Attorney knows this and this is an apportionable injury. I can find no law in Mo. regaurding Medical Apportionment and I know that pain and suffering are not compensatable under any W/C Laws. These are still visits to the Dr. in relation to a work injury. I have found to be MMI by the W/C Surgeon and been given Permanent Impairments by him. No kneeling, squating, lifting over 30# and no climbing with a whole body impairment of 20%. My Attorney really isn't giving me much sense of direction. Now this rating is being re-written "apportioned" and I'm sure this will add to cost. I am fixing to go to Mo. Dept. of Voc. Re-Hab. and I am sure they are going to say I need more Surgery before I am able to obtain gainful employment. Who in the end will end up footing the bill? I really can't wait until this W/C plays out. ADVISE?

  • #2
    Lots of issues most of which need to be directed to your attorney as that is who has the legal documents that the answers depend upon.

    Couple of clarifications first. Apportionment doesn't cost extra money other than the additional time your attorney spends working on the this. This is simply a way of distributing the award between two or more responsible parties. If part was pre-existing, then that part would come from a separate fund.

    What kind of agreement you sign depends on who covers your ongoing medicals. I'm *guessing* this is just a regular old PPD case with permanacy or maybe a stipulation agreement since you mention apportionment. If that is so, you are entitled to continued medical care that is reasonable, necessary and related. The only way the medicals would be closed is if you are signing an actual settlement that indicates such. If you still have pending surgery and Voc Rehab, I'd be shocked if that was the case, but ask your lawyer.

    Voc Rehab is not involved with deciding whether you need surgery or not. They get you as they find you and their job is to find you a job and provide any training you may need to secure one based on yuor current medical status. They usually get employees for whom surgery isn't an option or at lesat not advised yet. They aren't going to turn you away until you have surgery, that's why you ar egoing there in the first place.
    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


    • #3
      MO. What advice would you give...anyone?

      First off, Thank-you for your quick response.
      I am going to Voc. Re-Hab knowing I'm in need of more surgery and the Mo. State Dr. has said as much. My problem is I applied for SSDI and of course was turned down twice waiting to go before Judge, good for my SSDI Attorney. This is not what I want the % I gave you above was on 1 leg the 2nd is still under dispute. The leg (Knee) in question is the 2nd that the State would provide the surgery for. I have had 5 surgeries-2-reconstructions on each knee. In order for me to obtain 'any' type of employment would be to have the surgery. (Torn Meniscus, scar tissue both for sure, on the left knee) I realize you have to be 100% disabled to qualify for SSDI and by me needing the surgery before anything can be done seems to be a good thing for my SSDI Attorney. My SSDI and W/C Attorneys won't/don't want to work together throw the State in the mix and I've created a monster and all I want to do is get the surgery, if then I am still considered disabled fine. I have all the "good stuff" Sever Chronic Osteoarthritis, High Blood Pressure,and Anxiety problems which all are getting worse of course. If the State deems and does surgery that is needed will they get their money back from W/C IC if ALJ finds in my favor? One knee led to the other with the return to work state. Too fast for recovery. 3 days post-op. The knee they (IC) took responsibility for was one I had to obtain a Lawyer and get the reconstruction in the 1st place. The ER tried to shove me out the door and say you're MMI which I knew better. The Attorney (W/C) got me the operation I needed or I was SOL. I'm ranting and have gone over=the=top. Thank-You for listening. My case even confuses me! BTW My former ER fired me for seeking Emergency Treatment for a re-injury of the knee in need of surgery.

      Comment


      • #4
        I admit I'm not an expert on SSDI, but if you have ongoing treatment and are in voc rehab, I can promise you that you will not qualify. I'm not sure why your lawyer would insist you file.
        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

        The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
        Working...
        X