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  1. #1
    Join Date
    Nov 2012
    Posts
    5

    Default What Happens After You Win at an ALJ Hearing

    My workers compensation claim was made in the State of: North Dakota

    hi everyone, if someone could give me some information i would be very grateful.

    i was injured in september of 2011. i am a heavy equipment operator. i ran a scraper and was stopped because i was having problems with a hydraulic. a was rearended by another operator who was in 3rd gear when he hit me.

    after going to the hospital i was diagnosed with a simple neck sprain (joke) i also had a huge baseball sized lump on the back of my neck.

    my wc claim was accepted and received wage loss. i had an mri in november and i had DDD and DJD. with bone spurs, one of my discs was black and i had bone on bone rubbing in my neck.

    i had a restudy done in december and my symptoms were worse and the new mri showed worsening bone spurs as well with the original diagnosis. i might add i was 26 at the time.

    in January i was denied stating my original condition had resolved. some of my symptoms included and still include, terrible headaches that make me physically sick. horrible pain in my neck and shoulders, all the way to my fingers. lack of mobility in my neck to the left side, weakened strength in my left hand.

    i got a lawyer and had my hearing in Oct with the ALJ. and it was overwhelming in my favor. now just waiting for the appeal time period to lapse and the decision will be final. (I should also note, the judge stated in her decision that my work comp benefits were taken away illegally without proper notification, what can be done about this?

    my questions are, what to expect next. my annual salary was 100k. my wage loss benefits were the max allowed at 900/wk.

    can anyone tell me an approx rating i could receive when i get the MMI. (surgeon told me i could have 3 fusions in my neck, but didnt want to since i am so young)

    and since i have been without benefits for over 10 months, do they have to back pay me? (i figured it would be about 40K)

    i have already been told i will never be allowed to operate heavy equipment again, and it does affect my driving ability. my lawyer stated i could be in the work comp cycle for the rest of my life.

    any information that could help me with what i can expect to have happen, with settlement amounts realisticly. i did the calculator thing and i got numbers from 150k all the way to 500k. but i dont know if i will be permanently disabled or partially disabled
    (my work restrictions limit me to basically nothing. no lifting over waist, no push pull over 50lbs, no sitting or standing for periods over 1hr at a time. small computer work if a system is ergonomically designed for my restrictions.)

    i have been pretty distraught with my future career aspirations seemingly down the toilet. and the fact i may have to rely on WC for the rest of my life. and having a good paying job, now the max i was getting was 900 a week.

    thank you in advance for taking the time to respond to my questions. i tried to be as specific as possible regarding my situation

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

    Default Re: Info After Winning the Alj Hearing

    can anyone tell me an approx rating i could receive when i get the MMI. (surgeon told me i could have 3 fusions in my neck, but didnt want to since i am so young)


    any information that could help me with what i can expect to have happen, with settlement amounts realisticly. i did the calculator thing and i got numbers from 150k all the way to 500k.
    There is no way anyone on an annoymous message board and predict what kind of PD rating you can expect, even those IW's with what appear to be similar injuries.
    PD ratings are strictly based on your condition once the recommended treatment plan has been completed, and you are determined to have reached MMI.

    Your atty remains the best source of info in your claim.

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

    Default Re: Info After Winning the Alj Hearing

    Those questions are all things that your lawyer should be able to answer. Good luck to you.
    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

  4. #4
    Join Date
    Nov 2012
    Posts
    5

    Default Re: Info After Winning the Alj Hearing

    thank you guys for taking the time to send a reply. in certain important situations, i try to be as thorough as possible, and get information or advice, or opinions from as many avenues as possible, and then use all of the information to get my own idea. i was hoping for, even a generalized response as to what a typical rating could be. i know if you dont have the medical records or specific information, then you cant get a pinpoint number.

    i guess what i was inferring to is, with my salary, and a possible percentage. and work from there.

    again thank you guys for taking the time to respond. I have been in contact with my lawyer, and i have another phone conference to discuss matters once the appeal period has ended in 14 days. lol i kinda want an informed opinion without waiting. its been a rough year +. frankly im sick of dealing with it, i just want to be better and move on with my life, even though i know thats not going to happen

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