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Thread: Reaching MMI

  1. #1
    Join Date
    May 2008
    Location
    kansas
    Posts
    214

    Default Reaching MMI

    My workers compensation claim was made in the State of: kansas
    does anyone know if there is an answer for this question, but once you go and see a doctor for your impairment and disability eligability what happens next??

    does the report go back to the insurance company your attorney and the judge and then off to court to fight over it or what. and how long is it from the time that you go to court (if thats what you do) until they decide.

    and then if i remember right, usually you have to go and see one of thier doctors, to see what he thinks your impairment and disability are. and then back to court i assume, but lets just say best case- that no one dispiutes the decisions from the doctors, then what happens next.

    how long does it take from the time everything is good and everyone agree's to where you accutally get money for your settlement. and if there is a wage diffential when does that come in to play, since i cant go back to my old job since they have fired me, and do you get your settlement paid out over time or up front. ive talked to my lawyer, but never get true answers from him he likes to beat around the bush, maybe its just because we havent came to that point yet and he likes to wait until we reach the certain stage 1st before he wants to talk about it, but i'd just like to know what to expect for i wont sit and worry about it all the time.

    any help would be nice.
    thanks

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Reaching MMI

    ive talked to my lawyer, but never get true answers from him he likes to beat around the bush, maybe its just because we havent came to that point yet and he likes to wait until we reach the certain stage 1st before he wants to talk about it, but i'd just like to know what to expect for i wont sit and worry about it all the time.
    Attys don't offer answers to your questions like this one because there is no definitive answer as to how a claim is going to settle.

    Everyone would like a lump sum of cash, after they have reached a pre injury condition, RTW and everything goes back to 'normal'.. sadly, comp doesn't always work out that way.

    Once the rating issues, and there is no dispute, the parties are free to settle the claim by a Stipulation (the issues are agreed upon...and indemnity paid over time, or lump sum...medical open) or a C&R....lump sum payment resolving all issues, neither party particularly happy...and you move on.


    Unless your injury falls under a scheduled award...
    Permanent Partial General Disability is paid when the employee sustains permanent partial disability not specifically covered by the schedule. Compensation is based on the percentage of disability remaining after recovery and is limited to 415 weeks.
    You should also be aware that compensation is capped...
    Weekly compensation is payable at the applicable rate until the doctor releases you to return to work. In no case can such payments exceed a total of $125,000 for permanent total or $100,000 for permanent partial or temporary disability.
    and then if i remember right, usually you have to go and see one of thier doctors, to see what he thinks your impairment and disability are. and then back to court i assume,
    Generally a hearing/court is only necessary where one of the parties is disputing an issue. The IMEs are also used to resolve a disputed medical issue.
    Only when the IC disputes a rating would an IME be used.
    Medical/legal evaluations can be costly... IC"s don't use IME's unless it's necessary in the litigation of a claim.

    Just because you have been ''terminated'' from your ER/EE relationship...your ER may be required to address your RTW. If you are 'disabled' or have a 'perceived disability' due to the injury...
    An employer is required to make a reasonable accommodation to the known disability of a qualified applicant or employee if it would not impose an "undue hardship" on the operation of the employer's business. Undue hardship is defined as an action requiring significant difficulty or expense when considered in light of factors such as an employer's size, financial resources, and the nature and structure of its operation.http://www.eeoc.gov/types/ada.html
    Many times a termination is the ER's way of clearing their books/payroll in order to fill your position within their internal policies, and budgetary concerns. That does not relieve them of the obligation to address your RTW once you are released/MMI from the injury.
    It may not be as simple as ''we don't have a position for you...."

    Additional information is here...http://www.dol.ks.gov/wc/html/wcinjwkr_EMP.html

  3. #3
    Join Date
    May 2008
    Location
    kansas
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    Default Re: Reaching MMI

    ok, well that helps, but one question so what do you mean by

    "your ER/EE relationship...your ER may be required to address your RTW"



    i know what rtw is "return to work", but yeah i said that when i contacted my former employer, they said they didnt have a spot for me, because the business i work in is limited and they only manage so much in certain places, so no there really isnt anywhere for me to go and my attorney is pretty sure that i will be"unable to return to that type of work due to my injury and disability now, so i know that i wont be able to do that type of work again, so i didnt know how that would work and so how does all that come in to play. you know its been almost a year and im ready to go back to work, but if they stop my ttd checks and i cant find a job or if i do find a job chances are its only going to be part time and a lot less than what i was making [pre-injury] so i wonder how that will all play out/

    so thanks for your answer BiVA

  4. #4
    Join Date
    Feb 2007
    Location
    Calif
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    Default Re: Reaching MMI

    I haven't seen any provision in Kansas statute for benefits to be paid while you seek employment, other than UI benefits...and you should apply for that...
    I haven't see anything about wage differential.. that doesn't mean it isn't there... but I can't find it in the statutes...

    Once you are RTW... it is in your best interest to find a job as soon as possible if your ER can't bring you back to work.

    WC doesn't go on indefinately... and comp doesn't provide for benefits beyone TTD and the indemnity due to the injury.

  5. #5
    Join Date
    May 2008
    Location
    kansas
    Posts
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    Default Re: Reaching MMI

    well, drawing unemployment is not an option, since in ks they go back your last 3 quarters and my last 3 quarters were 0 total since i was on w/c.


    my attorney says i should file for ssi or ssdi, but i figure WHY??? Becasue if i do go back to work, i will end up losing all of that anyway, plus you have to show a complete disability and i mostly am healed expcept for a litttle disability that prevents me from doing things like everyday things i.e, standing up for very long periods of times, doing everyday house chores using the parts of my body like the parts that were injured in the accident, and so on and on. its just frustrating and i know that im in a long line of other people with the same problem.

    what is ee/er mean anyways??

  6. #6
    Join Date
    Mar 2009
    Posts
    289

    Default Re: Reaching MMI

    Hi so sorry to here of the problems your going through. First: ee is employee. er is employer. I know it doesn't help now but thats why EVERYONE on W/C should file unemployment paper that freezes and locks in your time, because if you don't you see what you run into. The paper should be filed right away. You should file for ssi or ssdi, now. It takes awhile and if you don't need it GREAT, but if you don't file and you don't go back to work, up the line your going to have to file anyway. This can take months, sometimes yrs. Think about it. Good Luck and take care.

  7. #7
    Join Date
    May 2008
    Location
    kansas
    Posts
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    Default Re: Reaching MMI

    thanks for the info. i couldnt for the life of me remeber what they meant.

    and whats the thing with fileing the paperwork on the unemployment thing. i was told that you couldnt file for unemployment while getting ttd. so im a little confused.

    thanks again for the 411
    hope things have worked out for you and are going well.

  8. #8
    Join Date
    Mar 2009
    Posts
    289

    Default Re: Reaching MMI

    If you go to unemployment there is a form you fill out and your not fileing for unemployment, your basicly freezeing your time. So that at a later date, if you become able to work, but find yourself jobless, your benifits are waiting for you. You can collect them at that point. Alot of people don't know to do this. I've been trying to get the word out. My W/C is over, thank God. Life is as well as it can be. Can't work. But there is life after W/C, hang in there! Take care

  9. #9
    Join Date
    May 2008
    Location
    kansas
    Posts
    214

    Default Re: Reaching MMI

    ok, i will go and check it out. i didnt know that you could do something like that. im wondering though,since its been a year since ive been off work if its not to late to do that, because it was my understanding that they went back the last 3 quarters and ive been off work longer than that. but i will check it out just in case.

    thanks for the info
    hope things are good for you. like you said yes guess there is life after after w/c. sorry you cant work, thats a tough one to swallow.
    hopefully they took care of you and made it right
    take care and thanks again.

  10. #10
    Join Date
    May 2008
    Location
    kansas
    Posts
    214

    Default Re: Reaching MMI

    i have another question to throw out there to anybody that might think that they have an answer

    what happens if when you reach your mmi and you are allowed to go back to work only to find out that there is no job out there for you where you use to work, and then all you can find is a 8 dollar an hour job parttime. i mean i know that there is impairment and disability, that has to be paid, because if your not able to go back into the line of work that you use do, and the last thing i want to do is change professions but will probably have too, and the last thing i want to do is have to go back to school. ya know. i know they say your never to old to go back to school, but sorry, dont want to do that, and im not saying that if a part time job is all i can get for the time being, not saying that it would last foreverl, but maybe for a few months,then back to work full time, i know this all may seems confusing, but just throwing it out there to see if anyone has any answers

    thanks

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