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  1. #1
    Join Date
    May 2012
    Posts
    1

    Default Hearing/Settlement

    Hi, I live in N.Y. state, and worked at a nursing home in Bennington Vt. as a cook for a fews years. In Feb. of 2009, I injured my shoulder and neck while lifting a 5 gallon bucket of icecream off of a shelf in the freezer. It took a few months to get the company to take responsibility, after hiring a lawyer. I have had two surgeries on the shoulder, only to find out I have a pinched nerve in my neck also, which still aggrivates the shoulder and trapizia area, causing constant pain and headaches. In March without any Dr saying I reached medical end the Ins. Co. stopped payments stating, I had to have reached medical end by now. My Dr says i need to have neck surgery to take pressure of the nerve. The insurance company is refusing to acknowledge the neck is connected to the shoulder injury.In the mean time a spinal specialist and my physician agree that I had no problems prior to the unjury and is likely related to the shoulder injury on feb. of 2009. Since then I have had an IME, and the Dr. said I have a 10% whole body permanent disability. although, my attourney has scheduled for a hearing about the neck issue. He doesn't seem to knowledgable about Vt Workers Comp laws. He is telling the ten percent disability rating means I will get ten percent of my WC rate of pay for 405 weeks. Averagig to approxamitely $35.00 a week. Also, he doesn't know if the settlement include vocational rehab to retrain me if and when I'm able to work. This doesn't seem fair for never being able to use my arm normally again alog with constant neck pain and headaches. Although each state is a little different.There must be some sort of federal guidelines ? Any information would greatly be appreciated. Thanks.

  2. #2
    Join Date
    Feb 2007
    Location
    831 East Morehead St., Ste 355, Charlotte, NC 28202
    Posts
    3,762

    Default Re: Hearing/Settlement

    Sounds like you may need to do your homework with regard to the attorney you have chosen. You may need to find a more knowledgeable or more experienced workers comp lawyer. Good places to look for a work comp lawyer are the lawyer search tab at the top of the homepage of WILG.org. Other good places to look are AVVO.com and Martindale.com. Good luck.
    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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