Oklahoma Worker's Compensation - Help For Injured Oklahoma Workers

• Oklahoma Worker's Compensation - Quick facts about worker's compensation law, benefits and lawyer fees.

• Oklahoma Worker's Compensation Resources - Links and resources for injured workers.

Results 1 to 8 of 8
  1. #1
    Join Date
    Oct 2010
    Posts
    4

    Default PPD Payments and Quiting My Job

    O.K., so I'll make this as short as possible!?!

    I have wanted to quit my job for some time, but 2 years ago was injured at work. (right wrist) I filed the injury, saw a dr., and a rare infection was found. This resulted in surgery, physical therapy, and a year of medication. (all paid for by WC, including lost wages) Then I waited to hear from them on settlement, and planned to turn it down for open medical, worried that infection might return! (tried being nice, by not getting an atty involved!) They simply closed the case, without even contacting me! So I hired an attorney! 3 weeks later, my infection returned as I had worried about! So, I have just finished surgery #2 and physical therapy and have returned to work! Now I'm looking at a 1-1/2 years of medication! Then I will get MMI rating, then go to court, and I'm expecting a few years of open medical and weekly ppd payments! (not sure how much - not really the point!)

    So my question is: If I stick it out for the 1-1/2 years and keep working, go to court and get the open medical and ppd awarded to me, Can I then quit my job? Will I still be entitled to the open medical and/or ppd payments? Or will quiting my job forfeit these benifits/awards? I feel handcuffed to a job that I truly wanted to quit - prior to this injury! Not to mention, I'm scared to death of future infections - this line of work puts you in direct contact with many sources of infection - it's just part of the job - no way around it!

    Thanks in advance for any help or advice!.......And p.s. Yes, I plan to ask my attorney next week, but right now, he just keeps stressing that I should NOT quit my job!?!

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

    Default Re: PPD Payments and Quiting My Job

    Listen to your attorney, and don't quit your job while you have an open comp claim. The atty knows the facts of your claim, and how the laws affect the benefits you may be elligible for.

    Once you are MMI, rated and indemnity is determined...PPD is due, whether you return to work, continue working, or change jobs. That indemnity is your compensation for suffering the reduced ability to competed in the open labor market, or loss of earning capacity.

    Quitting your job now would be voluntarily removing yourself from the open labor market, and possbility of the carrier stopping any wage replacement benefits you are eligible for.
    Basically, why should your ER/IC continue to pay wage loss where there isn't any because you quit the job?
    my attorney just keeps stressing that I should NOT quit my job!?!
    Yes...I did cut/paste your info... but listen to your attorney, thats' why you have him.
    No one responding on a message board should try to second guess your atty.

  3. #3
    Join Date
    Oct 2010
    Posts
    4

    Default Re: PPD Payments and Quiting My Job

    Yes, I understand that I should not quit my job now, as that would screw up my open claim, future medical, ppd, etc... I have already returned to work on dr's release, but will be on medication for 1-1/2 years before getting final release from dr. Then we will do the MMI rating, and go to court for settlement! My question was: After settlement is awarded, Can I then quit my job? From your answer,

    Once you are MMI, rated and indemnity is determined...PPD is due, whether you return to work, continue working, or change jobs.
    This means that at this point I will be able to quit - is this correct? And I will still keep my rights to future medical (in case the infection comes back again) and still recieve the ppd payments? Correct?

    In other words, I need to keep working until released from dr, mmi rating is attained, and court makes their final settlement award! Then I am free to quit, without losing any benifits - Correct?

    Thanks for the quick response and advice! Truly Appreciated!

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

    Default Re: PPD Payments and Quiting My Job

    I answered your question...Once you are MMI, rated and indemnity is determined...PPD is due, whether you return to work, continue working, or change jobs. That indemnity is your compensation for suffering the reduced ability to competed in the open labor market, or loss of earning capacity.
    In other words, I need to keep working until released from dr, mmi rating is attained, and court makes their final settlement award! Then I am free to quit, without losing any benifits - Correct?
    Yes..that is correct. You're just repeating what I said.
    I think some of your "confusion" will go away if you don't try and re read things.
    Good luck to you.

    Just because you are taking medication doesn't mean you can't be declared MMI and rated. Infections come and go... you can still be 'stable' in your condition. Don't think you have to wait until the infection is gone to be rated.

  5. #5
    Join Date
    Oct 2010
    Posts
    4

    Default Re: PPD Payments and Quiting My Job

    o.k., did not mean to upset you! And I do now understand! But now I've got another question:

    Just because you are taking medication doesn't mean you can't be declared MMI and rated. Infections come and go... you can still be 'stable' in your condition. Don't think you have to wait until the infection is gone to be rated.
    The whole cause for this injury was the infection. Now, I understand that you are saying I can get MMI and rated, prior to finishing my medication and getting a final dr's release. But I would still need to wait until I get that final release to go to court and finish this whole mess - correct? Surely the court is not going to award future medical and ppd, when there is still 1-1/2 years of medication to be paid for by WC?!? My infection dr will not release me until the 1-1/2 years is up and all medication is done - I'm assuming no court until then?!? Is this correct?

  6. #6
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: PPD Payments and Quiting My Job

    Try not to assume anything in a WC claim. Or any other legal issue for that matter.

    The court has no other option but to order PPD/indemnity paid based on your impairment/permanent partial disability %, and access to future medical care.
    WC court/judge cannot order a lump sum payment to close a claim.

    You are not guaranteed of any 'settlement' in WC.
    WC is about paying the benefits due, under the law. Cash settlements are offered for your consideration to drop the claim.

    If you are able to work, and your condition is not expected to change for better/worse in the next 12 months or so, you are generally declared MMI. Taking medications is not reason for continued ''disability'' as a rule.
    If you're working, there are no cash wage replacement being paid, no reason not to begin paying on the indemnity/PPD.
    My infection dr will not release me until the 1-1/2 years is up and all medication is done -
    It may not be up to your treating physician... the ER/IC wants to close the claim....either by stipulation to the outstanding issues...ie. medical care, and % of PPD. Or C&R. IF you and the CA can't agree, you go to court. A judge will decide for you how this will be resolved. You can expect a IME to be scheduled at any time. If the IME says you are MMI, and you disagree, you go to court.

    If you don't have an atty... it would be a good time to consult.

  7. #7
    Join Date
    Oct 2010
    Posts
    4

    Default Re: PPD Payments and Quiting My Job

    Yes, I do have an atty and plan to talk to him this next week. He has told me the following:

    #1) Don't quit your job! (got it, I'm not going to quit!)
    #2) Finish medication and get final release from infection dr. (1-1/2 years from now?!?)
    #3) I will then get MMI and rated by my present dr (which my atty says will be very conservative!)
    #4) I will then be sent for a rating by my atty's dr (which my atty says will be more liberal!)
    #5) Then we go to court and the judge will compare the two ratings & make his decision!
    ...........................My atty has told me to expect three years of open medical coverage and a weekly check of $320.00 for a number of weeks to be decided by the judge. (he's guessing 1-5 years?!?) There will be no lump sum settlement paid, as I am more interested in future medical coverage, due to the infection (again, this is surgery #2, because they didn't get the infection the first time!).

    After all this is done, and settlement has been awarded by judge, I plan to continue working for a few months and then turn in my notice of resignation! I'm just wanting to make sure, that I will continue getting my future medical and weekly checks after I quit!

    Guess I need to have a sit-down with my atty and make sure that I've got my head wrapped around this correctly! Thanks again for all your help! Will let you know what my atty says later in the week! Truly appreciated!

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

    Default Re: PPD Payments and Quiting My Job

    There is no one on any message board that would attempt to second guess your or anyones attorney. That is the advice you should be relying on in any issues in your claim.

    No one here has access to your file, and the facts surrounding any claim are unique to the individual suffering the injury. Please don't go back to your attys with a "I read this on a message board", you run the risk of being told to let the people on the board handle your claim for you. Listen to your atty.

Similar Threads

  1. Replies: 3
    Last Post: 01-11-2013, 03:45 AM
  2. Quiting Job Before MMI
    By flynaked720 in forum Employment
    Replies: 5
    Last Post: 06-15-2010, 02:19 PM
  3. Payments
    By blue4u in forum Insurance Company Practices
    Replies: 0
    Last Post: 12-10-2009, 06:57 PM
  4. MMI Payments
    By Pain in forum Illinois
    Replies: 2
    Last Post: 01-11-2007, 04:53 PM
  5. WC Payments
    By sandy in forum Delaware
    Replies: 7
    Last Post: 01-04-2007, 04:21 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 


Find a Lawyer