hello everyone, let me first start out by trying to describe the events of my injury leading up to now. i worked at a local hospital as a nurses aide. i would also like to add that at the time of my injury i had obtained an application for the hospitals RN program and had three house supervisors willing to write me letters of recomendation. does me no good now, just adding to the point i guess... i was attacked my a patient and sustained injury to my upper back and right shoulder. i spent almost two years classified as TTD. as of my last MD appt, it was changed to a PPD of 75% with work restrictions:
i am not supposed to do any work with my right arm(dominant arm) and can work with my left arm for 5 to 10 minutes before it causes pain in my upper back. i am able to stand for roughly 30 minutes(down to 15 minutes if involving hills or stairs). i am able to sit for about an hour(around an hour and a half if i am able to lay forward onto a desk or table). in between this times of sitting or standing i need to be able to lay down or at elast recline to less an a 45 degree angle untill the pain in my upper back subsides. my total time on my feet is about a maximum of 6 hours a day which is divided up among several session of either sitting and standing.
those are my current restrictions, i am waiting for the IC's IME to be scheduled and apparently my own lawyer will set one up for me as well after their's is done. the IC is also demanding a FCE be done, the WCJ did order one to be done if approved by my own MD and it will be done by either vessid or the WCB's unit. wasn't really clear on this point. the FCE however brings up my first concern for this post.
at first i had no problem with the FCE, i thought it would help me because it would prove that my restrictions are correct and it would help me. after doing some research though, i see that the test is 4 to 5 hours long. unless i can lay forward onto something the whole time, i wont even make it an hour and a half( that's assuming i lay down in my car both before and after the test so that i can get to and from home safely). now i am afraid of this test. what do i do? i don't want to be screwed by not being able to finish the test, and i also don't want to made even worse from the strain of trying to complete it. thankfully my wife is standing by me, but if i am hurt even further, and completely end all chances of being able to have a family she might not.... can my MD say i can't do the test on the grounds it violates my restrictions, and can the IC's IME over rule my MD on this issue? also, if my MD denies it, can i lose my benefits because of it? i already lost my home from being injured, i don't want to lose another one...
the next issue i would like to address in this post is to due with my date of injury. i was injured on 04/05/08. that means i am stuck with the new laws. my own atty. states that i am higherable. while not agreeing with my atty, the IC's atty. did let slip at the meeting before the last hearing that he wouldn't higher me. putting it bluntly, at the current state of my injury, i doubt i will ever be able to work again. if that is the case, what do i do? it is my understanding that since i am not classified as 100% disabled i am capped at 10 years. how can i support my family after the ten year cap is up? i have heard there are ways around the cap, and i am sure my atty is working on them, but due to his poor communication skills, i don't know what they are(i would replace him due to this if it wasn't for the fact he keeps"winning" at ever hearing). do any of you know what these loopholes are that would allow me to still support my family after the 10 years are up? I want to be clear with this point that i am asking if there is a truthful way around the 10 year cap for my situation, i don't care about any shady ways around them because i have been honest from the start and do not intend to change that now...
the third point for this post today is actually in regards to my wages and a possible future settlement. i am told that since i was 23 at the time of my injury, when my permenand wage is set i am eligable for minors expectancy. first, what is that, and what kind of a percentage of increase should i expect? let me also lay out some of the math at this point. my AWW at the point of injury is 509 and change. at 75% of the 2/3's of my AWW, i get 254 and change a week. if i am reading it right, if i were under the SLU at 75% it would be 400 weeks times the 509 with is just over 200,000. please correct me if i am wrong with that understanding. now, i am classified as PPD and not in a scheduled award as of right now(keep in mind all the actual %'s still need to be finalyzed). does that mean as a settlement i should expect to get more or less than the SLU settlement?(i know that i have not added the minor's expectancy or the possible section 32 at this point in my math) now to cosider them, lol. i don't fully understand the minors expectancy, so i can't address that, but am aware of what a section 32 settlement is. since the new healthcare law has passed, my wife's insurance wont be able to deny my back and arm, so i do not mind giving up the medical benefits as much now. but all i get from my atty is that with a section 32 the IC pays considerably more for the settlement. thus far i have been yet to find a dictionary that translates considerable into an actual percentage, lol. does anyone know at least like an average of what i could expect? i am also aware that if i am capped at 10 years, it will significantly lower what i will get, if anyone more experienced with these devils than i can address that with this answer as well, i would greatly appreciate it.
thank you for your time in readying my insanely large post. i know i am a worryer, but i can't help it. my wife wants kinds and it's hard enough even to try with the pet, and that's not even including the terror at one day not people able to finacially care for them. i would think that alone would be enough to terrify anyone. any answers that anyone can give in regards to my three point would be great. thank you guys/gals, god bless.
by the way, sorry for the long post, i just wanted to put it all in one to make it easier to reference. oh, and tony, if you could answer here, that would be great too, you have been the most helful so far from what i have read from other posts. thanks.