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  1. #1
    Join Date
    Jun 2013
    Posts
    5

    Default Benefits on a 19-Year-Old Injury, Now Living Out-of-State

    Several questions:

    1) If a claim was done 19 years ago in Hawaii, do I need an attorney from Hawaii? I have moved to the mainland and not sure about this.
    2) I was receiving workman's comp and Social Security Disability for about the first 6 years, but workman's comp quit paying. Between the two I was receiving 80% of my pay. Why would they stop?
    3) Once I moved to the mainland, shouldn't the Hawaii's Workman's Compensation Office transferred my case to a local Workman's Comp office?

    Thank you in advance for your help!

  2. #2
    Join Date
    Oct 2006
    Posts
    9,076

    Default Re: Hawaii Claim

    HAwaii doesn't have comp offices everywhere.
    Cases aren't transferred; jurisdiction remains the same.
    Comp benefits stopped 13 yrs ago and you are just now looking into it?!!!
    Because of the delay you may need to litigate to get benefits restarted.
    You'll need an atty familiar with Hawaii comp laws.

  3. #3
    Join Date
    Jun 2013
    Posts
    5

    Default Re: Hawaii Claim

    Quote Quoting .SH View Post
    HAwaii doesn't have comp offices everywhere.
    Cases aren't transferred; jurisdiction remains the same.
    Comp benefits stopped 13 yrs ago and you are just now looking into it?!!!
    Because of the delay you may need to litigate to get benefits restarted.
    You'll need an atty familiar with Hawaii comp laws.
    actually, I'm writing on behalf of my boyfriend. he just told me about it, I've done some schooling for paralegal and my father is an atty, but not for workman's comp, so I'm trying to find out as much as I can to assist him.

  4. #4
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,941

    Default Re: Hawaii Claim

    If the PPD/comp benefits stopped, it's because that's all there is for this claim.
    Medical may remain open... but finding a Dr/provider out of state will be the biggest concern. IF the medical is still open. How long since he sought treatment? There may be a SOL that lapsed.

    Yup, need a HI atty.
    If he has returned to work, any type of work, any employer, and suffers reinjury, or aggreviation to the org injury, it would be a new claim, with the current ER.

  5. #5
    Join Date
    Jun 2013
    Posts
    5

    Default Re: Hawaii Claim

    Quote Quoting BvIA View Post
    If the PPD/comp benefits stopped, it's because that's all there is for this claim.
    Medical may remain open... but finding a Dr/provider out of state will be the biggest concern. IF the medical is still open. How long since he sought treatment? There may be a SOL that lapsed.

    Yup, need a HI atty.
    If he has returned to work, any type of work, any employer, and suffers reinjury, or aggreviation to the org injury, it would be a new claim, with the current ER.
    He is 100% totally disabled, has had fusions and spinal cord stimulator put in and he's supposed to be still getting a pay out since he can no longer work. he's currently on medicare along with ssdi and will be seeing a pain management doctor to have the stimulator repaired and then try to close his case, at which point he'll get a settlement.

  6. #6
    Join Date
    Oct 1971
    Posts
    5,137

    Default Re: Hawaii Claim

    Quote Quoting medicmicki67 View Post
    He is 100% totally disabled, has had fusions and spinal cord stimulator put in and he's supposed to be still getting a pay out since he can no longer work. he's currently on medicare along with ssdi and will be seeing a pain management doctor to have the stimulator repaired and then try to close his case, at which point he'll get a settlement.
    Looks like you got it all figured out then.
    If you have a question that's fine but don't come in here pretending to be some one you're not then answer your own question.

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  7. #7
    Join Date
    Jun 2013
    Posts
    5

    Default Re: Hawaii Claim

    Quote Quoting tony View Post
    Looks like you got it all figured out then.
    If you have a question that's fine but don't come in here pretending to be some one you're not then answer your own question.

    Tony
    I didn't answer my own questions, you answered them! You said that he needs a Hawaii attorney (thank you by the way) and that they don't transfer from place to place (thank you again). I was just merely answering your questions.

  8. #8
    Join Date
    Feb 2007
    Location
    831 East Morehead St., Ste 355, Charlotte, NC 28202
    Posts
    3,783

    Default Re: Hawaii Claim

    I would be amazed if the case was still viable after all those years. Ever heard of a "statute of limitations?"
    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

  9. #9
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,941

    Default Re: Hawaii Claim

    Quote Quoting medicmicki67 View Post
    He is 100% totally disabled, has had fusions and spinal cord stimulator put in and he's supposed to be still getting a pay out since he can no longer work. he's currently on medicare along with ssdi and will be seeing a pain management doctor to have the stimulator repaired and then try to close his case, at which point he'll get a settlement.
    Third party conversations are always difficult. Especially when tid bits of info trickle out....

    Does he have a award by the HI WC court saying he is in fact 100% PTD and entitled to lifetime benefits? That is the first consideration here and what an atty will want to see.

    There is no guarantee a cash lump sum payment will be offered or made to close this claim. Nor can anyone force that. Never assume there will be a settlement that is not an entitlement.

  10. #10
    Join Date
    Jun 2013
    Posts
    5

    Default Re: Hawaii Claim

    Well, so far, i've seen that you are knowledgeable, from your 2nd to last reply; you're mean, for telling me that if i don't have a legitimate question don't be on the board ( i had legitimate questions that you, yourself answered [once again, thank you!]) and now off of this reply, you're an idiot. There is no statute of limitations on closing a workman's comp case, there is only a statute of limitations on filing a claim, which is one year.

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