FTC and Continued Benefits

[lcaudle4141]

My workers compensation claim was made in the State of: AR, Today has been another DRAINING day with the Settlement going from 80031.00 to after Lawyers Fees our part 32 Thousand, yes what a Joke. Okay this is something no one may be able to answer, after my Husband did the Functional Test back in 09 they neglected to inform my Husband the real reason behind this test. But today our Lawyers called (not Workers Comp Lawyer) and since the settlement was as Stated to me, workers comp to waive their subrogation claim since Don was not “made whole”. (Don my husband) what is really bugging me is our Lawyer ask me how much was the Impairment Rating Settlement, What are they talking about we NEVER got anything the total amont my husband did get was 75% of his wages which were by Law owed to him, and they did not explain FTC that after that Benefits would stop, so in whole he got 16000.00 back pay and mileage and meds paid back. My husband was Blown up at a Gas well, but anyway am I missing something was my husband entitled to something more as far as Money from Workers Comp? Thanks any help would be appreciated Laura

[BvIA]

Sounds like you have a PI/3rd party case here.
PI cases will always settle by cash payment.

The WC claim does not have to settle/close at the same time. The comp benefits can continue. Once a IW is declared MMI/Max Medical Improvement has been reached, (and a IW does not have to be made whole in WC), there would be a Dr rate the IW for PPD/Permanent Partial Disability/Impairment or PTD/100% disabled under your state rules. Your WC attorney should have explained this to you...

You have a complex case/claim, due to the PI overlaps, your questions should be directed to your attorneys...they have the files, anything on a message board would be simply guesswork. Don't know what WC benefits may be available.

after my Husband did the Functional Test back in 09 they neglected to inform my Husband the real reason behind this test.

FCE/Functional Capacity Evaluation is merely a evaluation to see what the IW's work capacity may be... Dr's use the results to determine what permanent restrictions there may be, and to calculate a final PPD or PTD rating. FCE is seldom mandatory. There was nothing hidden here.