New Jersey Worker's Compensation - Help For Injured New Jersey Workers

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  1. #1
    Join Date
    Sep 2012
    Posts
    3

    Default MMI and Full Duty Work

    My husband was injured in an auto accident while working, injuring his beck and back. He has been out of work and in treatment since August 2012. In his last appt at the pain management office he was given a script for physical therapy. Last week after he completed his pt his temporary benefits had stopped and when he asked, he was told that he reached Mimi by pain management doctor and was due back to work on 2/16. First, he was never told by the doctor that he is to go back to work, he never discussed or mentioned anything about work. My husband called the doctor to request to see him and discuss what he was told and the receptionist called wc to get authorization and they wouldn't give it to her. She calls him back and says you can't see the doctor and u have to speak to your adjuster.
    My husbands condition is bad, he has ongoing strong pain in his neck, shoulders, and back and hardly can lift anything. His job requires him to lift at least 75 lbs, drives for at least 4 hrs daily, bend, twist and walk for miles on job sites. The company does not offer any alternative jobs.
    What can he do now?
    We hired an attorney and he is supposed to call the adjuster.

  2. #2
    Join Date
    Oct 2006
    Posts
    9,109

    Default Re: MMI and Full Duty Work

    Quote Quoting antomax View Post
    My husband was injured in an auto accident while working, injuring his beck and back. He has been out of work and in treatment since August 2012. In his last appt at the pain management office he was given a script for physical therapy. Last week after he completed his pt his temporary benefits had stopped and when he asked, he was told that he reached Mimi by pain management doctor and was due back to work on 2/16. First, he was never told by the doctor that he is to go back to work, he never discussed or mentioned anything about work. My husband called the doctor to request to see him and discuss what he was told and the receptionist called wc to get authorization and they wouldn't give it to her. She calls him back and says you can't see the doctor and u have to speak to your adjuster.
    My husbands condition is bad, he has ongoing strong pain in his neck, shoulders, and back and hardly can lift anything. His job requires him to lift at least 75 lbs, drives for at least 4 hrs daily, bend, twist and walk for miles on job sites. The company does not offer any alternative jobs.
    What can he do now?
    We hired an attorney and he is supposed to call the adjuster.
    once your husband litigates his claim there is nothing further he has to do but keep in contact with his atty.
    he can file for unemployment if his restrictions prevent his returning to work.
    he should discuss getting a new treating doctor with his atty.

  3. #3
    Join Date
    Feb 2007
    Location
    Charlotte, NC
    Posts
    2,974

    Default Re: MMI and Full Duty Work

    Make sure the attorney is aware of all the facts and then let the attorney handle it. But keep your expectations low. Your husband does not have very good facts on his side at this point. And restricitions are usually given to prevent someone from doing more damage. Pain is not considered to be a particularly serious problem.
    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

  4. #4
    Join Date
    Jan 2007
    Location
    PA, but worked in NJ
    Posts
    655

    Default Re: MMI and Full Duty Work

    Dear antomax,

    I understand exactly what you are saying. FIRST thing is make absolutely sure this lawyer you hired is a worker comp specialist or expert in disability law. There is a HUGE difference in a lawyer who claims to do work injury and a work injury specialist!!!!! DO NOT HIRE due to a huge advertisement in the phone book as these are typically the WORST lawyers. The great lawyers do not need to advertise as word of mouth is their best advertisement.

    What you were told by the WC Drs office receptionist is correct. Your husband simply put, was not prepared for this WC maneuver. This is why you should have touched base here while he was under corrective medical care. We could have prepared him better for this. Those WC Treating Drs are a bunch of weasels as you can plainly see now.

    If hubby is ordered to work he must try. If he is in the condition that I vision him in, from your post it will be clear to all that he is not in any condition to be working and should be sent home. However if he can work and has a great job now would be the time to do everything possible to keep this great job, because if he is unable to do his regular line of work he can be fired!!

    Now that your husbands corrective care is over and you feel he is in no condition to work I strongly suggest he file for SSDI benefits while he still has work credits to file against. If you want I have a SS help site page that offers many helpful tips of what to do and more importantly what NOT to do in order to win your claim of total disability due to pain.

    Your husband is not the first to run into this problem and sadly will not be the last. we are here for you should you need something extra to help get you through this difficult ordeal

    BUG

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