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  1. #1
    Join Date
    Jun 2009
    Posts
    23

    Default MMI Coming Soon, Whats Next

    hurt back and have had 2 operations, last one lumbar fusion. dr. says not going to do my job anymore(construction). need to find another type of work. will probably get my mmi and rating next visit (a couple of weeks). have no idea what i want my new career to be. insurance company said they will send me to vr and pay me my weekly ttd until i'm through with vr or i can settle. i don't have a lawyer. can i go to vr and then get my compensation for rating or do i want to go to vr and if so do i still get my compensation? also back and leg still hurting, wondering if i can hold up everyday on a job. somedays back just kills me. thought about going back to school but don't know what i want to do for a living from now on. help, confused here in nc

  2. #2
    Join Date
    Nov 2008
    Posts
    269

    Default Re: MMI Coming Soon, Whats Next

    Quote Quoting achingback View Post
    and pay me my weekly ttd
    Make sure that your doctor gives you a written work note stating what your restrictions are.

    Insurance companies are very tricky and dishonest. Your TTD checks will stop if the insurance doctor sneeks out without giving these restrictions.

    RDS

  3. #3
    Join Date
    Feb 2007
    Location
    831 East Morehead St., Ste 355, Charlotte, NC 28202
    Posts
    3,756

    Default Re: MMI Coming Soon, Whats Next

    You should talk to a lawyer who is a NC Bar Board Certified Specialist in work comp law. Although you may have an appropriate rating, say 40% to the spine, that is not necessarily your best outcome.

    If you are unable to work and you take your rating money, then you must give up the weekly TTD checks, and there is no reason for the comp carrier to provide you with any VR services at that point, either, since you will have let them off the hook for TTD.

    You get to elect the most lucrative remedy and it may not be the rating money unless you return to work soon at or above to your pre-injury average wages. If you return to work for less than pre-injury wages, then you must compare your "rating money" to your "loss of earning capacity" money and you can choose which is more. This is an oversimplification, but the point you need to understand is that choosing rating money precludes your other options, which may be better options for you.

    You have a lot of legal issues coming to a head and your post indicates to me that you do not really understand your options. That is why you may want to go have a consultation with a highly qualified work comp attorney pretty soon, so you do not make a bad decision about your future.
    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 and Board Certified Specialist in NC Workers' Compensation Law

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