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  1. #1
    Join Date
    Mar 2012
    Posts
    10

    Default Severe Injury, Approaching MMI - What Happens Next

    My workers compensation claim was made in the State of: Pennslyvania

    My husband was injured March 2011 and has been receiving TTD pmts. He had traumatic foot fractures/dislocation that required 2 surgeries. He had a IME last month and it concurred with his current treating physician. He can return to only sedentary duty (never will get any better). He will need additional fusion surgery in 5-10 years. He is expected to reach MMI at his April 3 doctor's appointment and insurance company want an impairment rating at that time (after getting some type of test at the PT). This has taken a huge toll on us financially considering he carried our health insurance. He is a heavy equipment operator and has done that job with his present company for the last 20 years. Does anyone have any idea what happens next. I assume the temporary payments will be stopping/changing to something else. Will they be similar in amounts? We have a nurse case manager and she said they will probably either do vocational rehab or offer settlement. Should we have an attorney? Really confused and concerned!!!

  2. #2
    Join Date
    Jul 2010
    Posts
    150

    Default Re: What Happens Next

    OMG hell yes you need a lawyer! Everyone here who has had a severe injury like your husbands have dealt with some of these things. You need to at least speak with a WC lawyer. They will not charge you to consult with them. And talk to more than one. And watch that nurse case manager. I had three different ones in the last two years and they are paid to save money for the employer/insurance company and that means pay less treatment to your husband. Good luck

  3. #3
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: What Happens Next

    At the MMI/impairment rating, a determination will be made to the % of impairment... 50% or higher, the TD benefits will continue.
    Less than 50%... you'll change to PPD indemnity benefits.

    YES, you should have an attorney here... at the very least to review the file, and give you some badly needed legal advice.

  4. #4
    Join Date
    Mar 2012
    Posts
    10

    Default Re: What Happens Next

    Thanks for the reponses. I guess we better consult with an attorney. A couple other questions. Anyone know the odds that his disability will be at or above 50% based on both doctor's saying he will always be on sedentary duty and the injury is actually going to get worse and need surgery again. Should we be getting reimbursed mileage for any of the doctor appointments or therapy? He has had 97 sessions of therapy and 16 Dr. appt. This whole experience has been a nightmare and we are barely paying our bills. We aren't looking to be rich, but are hoping just to able to keep our home. If his TTD payments stop, we will probably have to sell or end up in foreclosure. ANyone have any ball park figures on settlements?

  5. #5
    Join Date
    Feb 2007
    Location
    Charlotte, NC
    Posts
    3,072

    Default Re: What Happens Next

    The only professional you can really trust in a work comp case is the competent work comp lawyer that you engage to represent your own interests. You cannot trust the case nurse or the adjuster. There is a Penn lawyer that posts on this forum named Timothy Belt; send him a PM and I am sure he can steer you in the right direction. But you need a lawyer at this point for sure. Good luck.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney at Law

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