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  1. #1
    glen Guest

    Default Working With Permanent Partial Disability

    Hello. I injured my back (two dics) in 2002 and was awarded (after MANY hearings) "permanent partial" disability. My question is: Am I entitled to work on a part time basis without losing my benefits? Thanks alot.

  2. #2
    anon2600 Guest

    Default

    Any PD rating below 100% is considered "partial". You not only CAN work part time, you can work full time. It is expected that you will work. The 'award' you received is intended to replace the diminished earning capacity while you work your way back to where you were, or beyone, prior to your injury.
    You should be actively seeking employment somewhere if you are not returning to your previous employer.
    You can not get enough from your bi weekly benefit to 'live' on...

    Your benefits will not be affected by your working.

  3. #3
    kenneth Guest

    Default

    You know it's funny how this story changes from state to state.

    As I've mentioned before I had three surgeries this year to repair damages from a fall. Have three bone grafts, 2 plates, 6 new screws and three pins.

    Despite both my doctors wishing to give me a rating, my attorney has not yet (two months now) contacted them to do just that.
    Since the accident 2 years and 8 months ago I've not recieved payment one from WC, who has paid their doctors but nothing more.
    I managed to stay at my job at less than half pay till October of this year when they eliminated my position.
    I've repeatedly asked my attorney what to do regarding going and finding some form of work as the un-employment runs out in a matter of weeks.

    Previously he's told me that he can't comment on what I should due regarding my finances and work, but did go on to tell me that if I took another job it would be a detriment to the entire case and would allow the IC to attack the new employer claiming they should be liable for part of the medical.

    This makes so little sense. I mean the courts can't expect we can survive on nothing, or condone a system that forces people into abject poverty as a tactict to settle a claim...can they?

    I've been trying to contact my attorney for 2 1/2 weeks since he returned from his third vacation since January. He's yet to return a phone call or e-mail regarding these issues.

    So I'll ask all of you...as I have far more respect for you all than I do for my attorney (the man holding the secret of surviving on nothing).
    Should I just go back to work and not say anything about my situation?
    I have some very strangely worded letters of physical restrictions from my two surgeons, who agreed that without them I couldn't even collect un-employment. I would imagine it hard to hide the scar on my throat (wear a tie?), and my awkward gate when I walk into a job interview...hmmm...maybe I can do the whole job thing on-line?

    I honestly don't want to screw this up, but I've got about three weeks, maybe less left on un-employment... So folks...what should I do?

  4. #4
    anon2600 Guest

    Default

    As soon as your doctors say you are MMI/P&S, they can write a final report, and issue a PD rating...they don't have to wait for your attorney to initiate this...in fact in most states it is required to rate you once you are MMI.
    Also, if you can find a job that fits your restrictions, go for it! A new employer takes you "as is", and would not be liable for any costs related to this injury. Only if you reinjure yourself would they have any liability. And ER's are aware of this. The ER (former ER/CA knows you are able to work or you would not have been getting EDD benefits, as you must be "able and available" for work to be entitled to the UE benefits. No one expects you to sit and wait...

  5. #5
    kenneth Guest

    Default

    EDD benifits?

    I'll show my ignorance and ask?

    I did recieve unemployment, but nothing else since the onset 2 years 8 months ago.
    In some pretty heavy pain (over medicated) I continued to work till October when my position was eliminated.
    I took vacation time during reconstruction of right foot and ankle, and no time off for broken arm and ulnar nerve surgery.
    I was dismissed about 2 weeks before my cervical fusion, and could not collect unemployment for 5 weeks till I got a very cleverly worded letter from the surgeon...even though I still was not able to work.

    Guess if my attorney would answer his e-mail and phone calls I might know what's going on. The entire process has been beyond bizarre and leaves me wondering what I may have missed here.

    As far as I know, even though their own doc recommended the surgeries, the IC still refuses the claim and states my injuries are not work related.
    That's why I asked a few weeks ago if it is the responsibilty of my employer under their liabilty insurance to pay for this?
    I was at work. I slipped in an acid cleaning solution, as at least 5 others had in the past (2 involving serious injury). Are they (WC) trying to say that because my employer knew of this danger and failed to act to correct it, that it should be on the employer and not WC?

    Guess I'm going to have to go sit in the plush lobbey at my attorney's and read Smithsonian till he walks through on his way to his office.

    To me, something seems really wrong with the whole program.
    Just wish I could get some answers and move on.

    When speaking, the attorney told me several months ago that if I go to work any where else the IC will attempt (not succeed) to attach a portion of the liabilty for the injury on the new employer. I was told this is another attempt to try to keep an individual from having any form of income and to try to starve you into a settlement.

    By bringing this action against a new employer (even though they know it won't fly) it generally gets the new employee dismissed before the new employer needs to defend themselves against the rediculous claim.
    I checked with Iowa and they said in fact this is so, but to date an IC has yet to prove the liability of the future employer.
    I'll go back to the state web site and get a copy of this provision.

    At this point, I'll most likely approach an employer stateing I have no limitations. The only problem is when they ask where I've been working previously, and perhaps, why do I walk so funny?

    This is insane...I don't know what to do.

    Un-employment told me I need to decide on how much less than I was working for previously I will work for now. I told them I've been working for 35 years and now I need to discount myself to get back into the job market?

    Perhaps a life of crime? Problem is, I see myself like "Hi" in "Raising Arizona".
    At least I'd get a speedy trial!

  6. #6
    Join Date
    Apr 2007
    Posts
    9

    Default Re: Working With Permanent Partial Disability

    Its my understanding in Arizona, that if you return to work, once you get to where your earning in your new job, as much as you are being paid in bennies, that at years end they will adjust your monthly "perm partial" benefits accordingly.

    It doesnt matter about your old pay rate, its NOW that they are looking at.
    Earn more than your getting payed and your gonna lose funds at the end/begining of the year. And dont think that they arent watching this situation closely.

    Now finding employement, yes they require and can use not looking for a job against you. Despite the fact that you must be honest with your new perspective employer about your injury, if not, IF you get hurt, worse or again, that they have the immediate right to fire you for not telling them about the situation prior to being employed. And any employer out there would be a fool to tell you that he cant hire you because of your injury as that would be "descrimination". They will simply not call you back, or give you some other reason for why you were not hired. Finding a job and being honest arent in your best intrest, imagine that...

    Also keep in mind the IC will in fact use a re-injury as a means to stop your bennies and run through the " its not our injury anymore". Which means you will have to go through more hearings and all the Dr gambit one more time.

    In fact its one of those danged if ya do, danged if ya dont sort of things.

    In Arizona, workers compensation is not designed with the employee in mind, its meant to provide protection for the employer more so than anything. While WC would disagree with with my statement, there is no other way to explain why the system is set up the way it is. Why one should after being injured, have to deal with the process that is in place is beyond me. Anything that claims to be for your protection, and it sends just about everyone who ever goes through it to the poor house, lose your home, lose your vehicle, lose your wife, lose your EVERYTHING ( i had a three letter word for everything but i refrained) can hardly be called protection. Its more like torture. The worst of it all is that a layman or average Joe has absolutely no chance in hell of beating the insurance company without legal representation. It is far to complicated, and for someone who has truly lost their ability to perform they're trade or job description, far to risky.


    Best of Luck, DONT GIVE UP !

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