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  1. #1
    Join Date
    Aug 2012

    Unhappy What Happens at a BRC Hearing

    In 2011 i tripped at work,landed 12 inches onto concrete,landed on my knees,directly hitting knees,my body rolled oved oved fractured my ankle,and massive spraining to tendons in ankle,had one knee surgery,that did not work very long process,was given 3 impairements both knees12% ,combined lower bi lateral 14%,ime,and 7% and 2% combine9% on foot and ankle,,what can expect now?i have waited tables my whole life,went back to work tried and cried for six months the pain was way to much had to let the waitress job go,dont know what i will do now?,8th grade education,50 years old,please tell me what i can expect!
    Last edited by mayberryc; 10-26-2012 at 08:12 AM.

  2. #2
    Join Date
    Oct 2006

    Default Re: Dont Know What to Expect at Brc

    Information on Benefit Review Conference is here:
    you can expect an offer to buyout your future work comp benefits.
    you'll have to find another line of work as it won't be enough to live on.
    you should look into vocational rehabilitation:

  3. #3
    Join Date
    Mar 2011

    Default Re: Dont Know What to Expect at Brc

    It depends on exactly what question you're asking as far as "what to expect" at the BRC.

    I assume that you probably have an attorney, since most people without attorneys don't request BRCs because they generally don't know about that process. First, you should talk to your attorney about exactly what to expect.

    That being said, as far as the process goes, the BRC is an informal mediation, where the parties will all meet at the Dept. of Labor, with negotiations being handled through a Workers' Compensation Specialist, who is a neutral with the Dept. of Labor. You will meet in one room at the beginning of the negotiations, to discuss the issues that are agreed upon, and to take note of those that haven't been agreed on. Your attorney will typically start out by making a settlement demand for the percentage of disability that you want to settle the case. You will then separate from the other side (your employer, their insurance company, and/or their attorneys). The rest of the BRC will take place with the mediator going between the two sides, relaying settlement offers/counter-offers on the case, pointing out the positive and negative aspects of both sides, to try to get to a compromised agreement to settle. If a settlement is reached, the agreement can be approved there at the Dept of Labor immediately after the BRC. The BRC can take anywhere from a few minutes to a few hours, but the Dept of Labor generally allows for about 3 hours for the BRC to be conducted.

    If you're asking about how much your case might be worth, that is subject to the negotiation. If there's no dispute that you were unable to go back to work, and that it was due to the injury, then your case may be valued anywhere up to a maximum of 6 times your medical impairment rating. If there's a dispute about the reasons you left the work, and the employer/insurance company believes that you left for reasons unrelated to the injury, then they may argue you are limited to no more than 1.5x your medical impairment rating.

    As far as the math is concerned, multiply your medical impairment rating times some number up to 6x the combined impairment rating (if your ratings were 12% from the treating doctor and 14% from the IME, most times you will compromise at 13% as the impairment, and then, if you had injuries to both legs, multiply that percentage times 400 weeks. So, just using the middle of the range, 3 times the rating, you'd multiply 3 times 13% impairment, for 39% permanent disability to both legs. Then multiple 39% times 400 weeks, for a total of 156 weeks of benefits. Multiply your weekly compensation rate (same as you received each week for TTD), and you get the idea of the middle of the overall possible range for your settlement/award. As with anything, it could be higher or lower, and would either be subject to negotiation or waiting on a trial for a Judge to decide.

    I hope this helps. The people with the Dept of Labor are generally very helpful and apply the appropriate amount of pressure to both sides to help reach an agreement that makes sense. Most all workers' compensation cases do reach settlement. Very few actually go to trial. Trials take a long time and you rarely end up with significantly more than would have been offered at BRC, unless there was some serious legal disagreement concerning an actual legal issue of your injury not being work related or something of that sort.

  4. #4
    Join Date
    Aug 2012

    Default Re: Dont Know What to Expect at Brc

    thank you,i suposse my biggest worry was that its not really fair,but you have relieved my mind,as for changing my career,there is definataly no choice,after knee and ankle injuries,waiting tables lead to unbearable pain,thanks again

    - - - Updated - - -

    Sorry dont understand,buyout future workcomp benefits?thanks for voc rehab info,did not know about this at all,just worried we go on monday and i dont know what i will do for a living for the rest of my life,just a nervous wreck

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