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  1. #1
    Join Date
    May 2011
    Posts
    4

    Angry Restricted to Desk Work

    i injured ankle at work got released but only to desk work only cant go back to doing what i was doing i have had 2 surgerys work comp doctor rated at 29 % other doctor at 35% still having problems went back to doctor surgery will not help at this moment going to see another specialist money settlement came out to be 20 to 25 thousand sounds way to low is this amount correct i will need future surgery also can not find a job desk job that is i have been told to try and get this changed to non schedule injury i am also paying for these dr visits and tests i am just trying to get a fair amount to protect my family can anybody help me please

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,943

    Default Re: What to Do

    You will not ever find what you will think is a fair amount... it's not about protecting your family.
    Your MO WC web site is down right now... so can't direct you there.

    Once you are rated for PPD/Permenant Partial Disability, that number is used to calcualte any additional benefits you may be eligible for. There may be VR benefits available if you cannot return to your pre injury job function.

    If there is indication you will need ongoing medical care, it would be in your best interests to not take a cash settlement, but continue the weekly benefits, and leave the medical open. That 25K may look pretty tasty today... but won't last as many think.

    There is probably little need for you to "doctor shop"... and those opinions/reports may not be admissable in your claim. You are just out of pocket for those fees.
    i have been told to try and get this changed to non schedule injury
    I love "I have been told"... when you have a need for legal advice you go to an attorney specializing in the issues you are facing. Not some next door who had a WC claim long ago.
    The laws/statute are there, and you may need to litigate your claim.
    GO to an atty... message board is for discussion...not legal advice.

  3. #3
    Join Date
    Mar 2007
    Location
    Georgia
    Posts
    1,923

    Default Re: What to Do

    Quote Quoting whiggy View Post
    i injured ankle at work got released but only to desk work only cant go back to doing what i was doing i have had 2 surgerys work comp doctor rated at 29 % other doctor at 35% still having problems went back to doctor surgery will not help at this moment going to see another specialist money settlement came out to be 20 to 25 thousand sounds way to low is this amount correct i will need future surgery also can not find a job desk job that is i have been told to try and get this changed to non schedule injury i am also paying for these dr visits and tests i am just trying to get a fair amount to protect my family can anybody help me please
    Whiggy, welcome to the forum. I am very sorry to hear of your on going issues with your injury. As far as your settlement offer the amount is largely dependent upon what ever your average weekly wage was at the time of your injury. And of course, as you likely know, the other part of the equation is your percentage of permanent disability rating.

    Regardless of whether it is by body part or non scheduled there is likely to be very little difference in the bottom line amount. I have NOT taken the time to review the MO WC statues as when I have tried to check the website seems to be down so I can NOT stand 100% behind the statement of there being little difference between the different ratings.

    Perhaps you can tell me the advantage of a scheduled or non scheduled rating as I am unfamiliar to that terminology. Here in my state, Georgia, ratings are used for body part'(s) or WPI/Whole Person Impairment. In fact my final rating was listed both ways.

    Also another part of an offered settlement could include money for FM/future medical needs. Some states allow this and others do not. By my not having access to MO WC website I can not tell you if MO allows IW'ers to resolve a claim to include FM or not. I can say emphatically that where you have said you are going to need future surgery I would strongly suggest you NOT even entertain the idea of closing out your medical. Regardless of how attractive the extra money may seem now, when you are apt to need it, down the road you will most certainly regret it.

    Other insurance, including Medicare when/if available to you is NOT supposed to pay for treatment for prior work injuries. In recent years especially Medicare has become much more vigilant in investigating claims for previous injuries and IF they find that the claimant has received money for FM from a settlement, (this would include not only WC injuries but PI's such as vehicle accidents, etc., as well), then the claim is denied for payment. That denial will continue until such time as the settlement money has been used to pay for the medical for that injured body part.

    Also be aware that IF your settlement documents do not include language that specifies how much of the money is for your disability rating and what amount is allocated to FM care then they can, and Medicare especially, will not pay on a claim until receipts are provided to prove that all settlement dollars have been paid out for that specific injury. Yes that say ALL of the settlement can be allocated to FM IF your settlement is not written up correctly. Many PHC/Private Health Care insurance policies are following suit.

    And as our economy continues to stay stagnant or heaven forbid even worsens you can bet your last penny these issues will only become more prevalent.

    Hopefully you can/will find relief from your issues soon.

    Take care and be well.

    Steel
    Last edited by SteelMagnolia; 05-23-2011 at 04:23 PM.
    "He who is his own lawyer has a fool for a client"
    Abraham Lincoln


    Take Care and Be Well.

  4. #4
    Join Date
    May 2011
    Posts
    4

    Default Re: What to Do

    Thanks for the info i am not sure what scheduled and unscheduled means just something i heard i just found out also yesterday from another specialist that my color and temperture in my ankle foot is not right and he set up a bone scan i have a attorney but i am trying to learn stuff on my own not happy at this point my medical bills are growing larger everyday trying to see if i can get work. comp to pay since i was relased back in august to do desk work only but ankle has never been right hard finding a job in this economy and especially when you walk with a limp any other input would be appreciated off to library to study more oh yea and you can ask for future medical in missouri.

  5. #5
    Join Date
    May 2011
    Posts
    4

    Default Re: What to Do

    i was released dr. said i was mmi and sent me back to work with restrictions (desk work only light duty) then they laid me off went back to doctor in 2011 still having problems got mri done said there were post surgical changes sent me to another specialist now doing phase 3 bone scan and gave me 2 prescriptions is there a way to reopen case to have workcomp pay dr. dills and test and get back on ttd have attorney just get run around any info would be appreciated also have a 35% ppd also. thanks

  6. #6
    Join Date
    Oct 2006
    Posts
    9,078

    Default Re: What to Do

    you can't reopen your claim unless it's been formally closed or finalized and not settled with a buyout.
    you can change attys at any time; there is a single fee that is shared.
    without knowing the details of your claim there is not enough information to provide the correct legal information.
    did you go to trial?
    was there a finding?
    was there a compromise settlement agreement?
    was it approved?
    what did the official documents say?
    has a doctor said you are TTD?
    are the problems related to your original work injury or other factors?

    you can find out general information here
    http://labor.mo.gov/DWC/Injured_Workers/file_claim.asp
    Last edited by .SH; 05-25-2011 at 12:12 PM.

  7. #7
    Join Date
    Mar 2007
    Location
    Georgia
    Posts
    1,923

    Default Re: What to Do

    Looks like the website is currently up and running from the link SH provided above. It would be a very good time for you to go there and read the particulars as to what you are entitled to do under the WC act Whiggy.
    "He who is his own lawyer has a fool for a client"
    Abraham Lincoln


    Take Care and Be Well.

  8. #8
    Join Date
    May 2011
    Posts
    4

    Default Re: What to Do

    i have not been to trial there has been no compromise on settlement i have not had a doctor say i am ttd although i do believe the two i have saw recently would put me back to ttd my problems are related to my work injury still taking tests will not know results till later in june when all tests are finished and my claim is still open never been closed or settled. thanks for the info

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