Tennessee Worker's Compensation - Help For Injured Tennessee Workers

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  1. #1
    Join Date
    Jul 2009
    Posts
    13

    Unhappy How Do Multipliers Work

    Hi, I am back again. In my previous posts I have stated what has gone on. Please refer to those for a background. Our question is, some people have given advice to people on this forum about their settlements but I have not heard it mentioned on the "multiplier". Is there one? Does Tennessee use one? My husband has been released from mental and physical. He CANNOT return to any job like the one he had and his employer has no work he can do under his restrictions. Where does this put us? We have spoke with the Labor Board and are getting ready to start talking about a settlement. We have NOT hired the Labor board out of fear of having someone else involved. We just want this over. I am confused about the multiplier, if and how it is used? And the whole body impairment vs. partial, how that is determined? And where does permenant mental impairment fall in that situation. I don't need smart ass remarks as this whole journey has been a nightmare already. We are probably not going to hire an attorney for other reasons. If you can help us I would be extremely grateful. If not please do not respond.

    Thank you

  2. #2
    Join Date
    Oct 1971
    Posts
    3,477

    Default Re: Back Again and in Need of

    nuhiheheart24
    I have not heard it mentioned on the "multiplier". Is there one? Does Tennessee use one?
    My husband has been released from mental and physical. He CANNOT return to any job like the one he had and his employer has no work he can do under his restrictions. Where does this put us?
    I am confused about the multiplier, if and how it is used?
    And the whole body impairment vs. partial, how that is determined?
    And where does permenant mental impairment fall in that situation.
    We are probably not going to hire an attorney
    These questions are complicated, there are alot of variables.
    I fail to see how you think you're going to take on a team of seasoned comp attorneys when you seem to lack basic knowledge of the comp laws in your area.
    Seeking advise on a message board to represent yourself is not a wise move, especially
    in a case as complicated as your husbands.
    There are alot of other factors that need to be considered as far as future medical, ect.
    I would advise you to seek legal counsel pronto, for what an attorney charges, you'll come out way ahead and protect your rights.

    I don't need smart ass remarks
    Neither do we, that comment is unnecessary.
    Cool it on the lingo please.
    Tony
    Moderator
    We reserve the right to forbid any user from participating in this forum, and to close any user account, at any time, for any reason. In the interest of the community, this may be done without prior notice or warning.
    http://www.workerscompensationinsura...inks/index.htm

  3. #3
    Join Date
    Jul 2009
    Posts
    13

    Default Re: Back Again and in Need of

    We are not going to use an attorney since they will take at least 20% AND we will have to pay back at least 40% (per tennessee labor board). That would leave us with 40%. We would just prefer to get this over with. We are trying to get some kind of idea on what we are entitled to. Can someone at least tell us where we can find this information? I have looked at the labor board site and the site that lists the basics. Thanks! And to respond to your post, Tony, its not our area, we are from Oklahoma. My husband was hurt in Tennessee.
    Last edited by nuhiheheart24; 10-04-2009 at 06:25 PM.

  4. #4
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Back Again and in Need of

    Asking posters to refer to your previous posts for information is not reasonable...

    You are doing yourself/husband a tremendous disservice in not consulting with an attorney. There is no fee for this first visit. There is no fee unless there is a settlement. In general, having an attorney can and often does increase the amount of your settlement to more than cover any fees awarded by a comp judge.
    we will have to pay back at least 40% (per tennessee labor board).
    Can you explain what you would be required to pay back...and to whom..?
    I've read a lot of your TN WC Act, haven't see anything about IWs paying money back yet. Here is the Act if you'd like to read it...http://www.state.tn.us/labor-wfd/Title50-6-101to801.htm

    And the whole body impairment vs. partial, how that is determined? And where does permenant mental impairment fall in that situation.
    TN provides for some scheduled loss benefits. PPD indemnity is paid for a predetermined number of weeks per the schedule, and rating.

    (D) In cases of permanent partial disability due to injury to a member resulting in less than total loss of use of such member not otherwise compensated in this schedule, compensation shall be paid at the prescribed rate during that part of the time specified in the schedule for the total loss or total loss of use of the respective member that the extent of injury to the member bears to its total loss. If an injured employee refuses employment suitable to such injured employee's capacity, offered to or procured for such injured employee, the injured employee shall not be entitled to any compensation at any time during the continuance of such refusal, unless at any time in the opinion of a court having jurisdiction over the underlying workers' compensation case such refusal is justifiable. All compensation provided in this subdivision (3) for loss to members, or loss of use of members, is subject to the same limitation as to maximum and minimum as are stated in subdivision (1).

    (E) For serious disfigurement to the head, face or hands, not resulting from the loss of a member or other injury specifically compensated, so altering the personal appearance of the injured employee as to materially affect such injured employee's employability in the employment in which such injured employee was injured or other employment for which such injured employee is then qualified, sixty-six and two-thirds percent (662/3%) of the average weekly wages for such period as the court may determine, not exceeding two hundred (200) weeks. The benefit herein provided shall not be awarded in any case where the injured employee is compensated under any other provision of the Workers' Compensation Law, compiled in this chapter.
    see Tennessee Code/TITLE 50 EMPLOYER AND EMPLOYEE /CHAPTER 6 WORKERS' COMPENSATION /PART 2 CLAIMS AND PAYMENT OF COMPENSATION /50-6-207. Schedule of compensation.
    50-6-207. Schedule of compensation.
    The treating physican should issue a rating at the time the IW is declared MMI.
    He CANNOT return to any job like the one he had and his employer has no work he can do under his restrictions.
    There are two issues there.. one medical...that he cannot return to his former job, and the other the ER's ability to make reasonable accommodation to the restrictions. Only a doctor can make the medical determinations...not you or the ER.

    You can find info on settlements here Tennessee Code/TITLE 50 EMPLOYER AND EMPLOYEE /CHAPTER 6 WORKERS' COMPENSATION /PART 2 CLAIMS AND PAYMENT OF COMPENSATION /50-6-206. Settlements.
    50-6-206. Settlements.
    above link.
    Our question is, some people have given advice to people on this forum about their settlements but I have not heard it mentioned on the "multiplier". Is there one? Does Tennessee use one?
    You can read through the WC Act... I have not seen provisions for a 'multiplier', nor did you say what that would pertain to... presuming wage loss (?). No, that is what the PPD indemnity is for.
    You'll have to check with the TN labor board regarding any VR benefits. That you don't live in TN, I doubt there would be VR available.
    I don't need smart ass remarks as this whole journey has been a nightmare already. We are probably not going to hire an attorney for other reasons. If you can help us I would be extremely grateful. If not please do not respond.
    If you were to consult with a attorney or two, you would not open yourself up to ''smart ass'' answers...or find the need to come here for 'legal advice'. Or would you ?

    As Tony said, a message board is not the place to seek legal advice, nor should you accept anything here as such. You do NEED to consult with an atty... the fact you are asking these questions would indicate you cannot treat this claim as a "DIY"...Do It Yourself project. You are going to get screwed, the IC knows it...the Labor Board knows it... and I think we know it here. Im not trying to insult you... just encourage you to see an atty.

  5. #5
    Join Date
    Oct 1971
    Posts
    3,477

    Default Re: Back Again and in Need of

    nuhiheheart24
    We have NOT hired the Labor board out of fear of having someone else involved.
    Then why "we will have to pay back at least 40% (per tennessee labor board)."
    We are not going to use an attorney
    Why? There seems to be more to this story.
    Another issue, you can't legally represent your husband, also, you're not licensed to practice law.
    Getting 40% is better than getting nothing, the IC knows your husband is not represented, I wouldn't put it past them to deny everything and close your husbands case, (happens all the time) they are well aware of what they can get away with.
    Tony
    Last edited by tony; 10-05-2009 at 07:08 AM.
    Moderator
    We reserve the right to forbid any user from participating in this forum, and to close any user account, at any time, for any reason. In the interest of the community, this may be done without prior notice or warning.
    http://www.workerscompensationinsura...inks/index.htm

  6. #6
    Join Date
    Nov 2008
    Location
    nashville
    Posts
    42

    Default Re: How Do Multipliers Work

    I found this link when I was researching my own case. Hope it gives you a little more information. It helped me understand the multiplier better. My settlement was calculated at 4.5 out of 6.

    http://www.leitnerfirm.com/documents...ber%202007.PDF

  7. #7
    Join Date
    Jul 2009
    Posts
    13

    Default Re: How Do Multipliers Work

    Tony-They have already started the settlement process. My husband refused a rating as it was going to take up to a month to get it and then a month to get the report and a month to get the settlement. They only extended his pay for 60 days after being released on Aug. 15th. And according to the attorney and the labor board they can do that. He can't work and neither can I. This is a third party situation to answer your question..

    BvIA- Then why have this forum... So you can repeatedly tell people, hire an attorney, over and over again with out even understanding their situation. I am not asking for "legal advice"! Seeing how we are not the first to go through this, we thought that there may be someone that could give us an idea on our questions. He has his physical rating. The doctor said he would need to be "retrained" in a new field of employment due to his restrictions. And the Employer terminated him because they could not meet his restrictions. The multiplier I did not find either. I have read previous posts where some people have mentioned a multiplier in figuring settlements, i.e.
    200 weeks x 453 x .35 (loss %) x 4 (multiplier??) = settlement

    And again, I am not looking for legal advice, just looking for a direction to head in so we can research this and get a general idea.

    And by the way, anyone who has settled in Tennessee, do I have to go? There is a mention on needing a possible "witness" when the settlement papers are signed. Does this have to be family????

  8. #8
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: How Do Multipliers Work

    This is a third party situation to answer your question..
    The problem with message boards is the information and facts surrounding your claim, anyones claim, trickle out over many posts. You can't nor should you provide all the facts... but the information is generic at best. ANY quesitons you pose regarding a comp claim are going to be 'legal' by nature. WC is ''legal''... if you did not dispute any benefits, and accepted everything the IC says you are entitled to... you would not need to ask legal questions.

    You NEED to consult with an attorney. Now that you say there is a 3rd party involved, the issue becomes even MORE important.... GET AN ATTORNEY... or you are going to get screwed...there is no reason for that, and it would be stupid to proceed in this manner.
    The IC is entitled to reimbursement for any benefits they have provided up to the limits of the 3rd party coverage. Whether you have an atty helping you with this claim....they ARE going to get that money back. You cannot control that. It' is the law. Otherwise you would be double dipping and that is not permitted.

    So you can see how when the information trickles out... things have a tendancy to become even more convoluded.

    There are NO TWO claims alike, nor even similar. From your posts you do not understand the system, or the laws, and discussing this with a labor board person, even an attorney, does not resolve your issues. That person does not know all the issues and facts surrounding this claim/injury.

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