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  1. #1
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    Nov 2013
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    10

    Default Adjuster Lowered My Temporary Partial Disability Benefits

    My adjuster lowered my temporary partial disability benefits. said because the brought some company in to evaluate my case. they said that theoretically i can work for 9.00 hr for forty hrs and pay me the difference. i have been trying to find work but no one will hire me with doctors restrictions attorney says they can but he will fight it. what can i do ?

  2. #2
    Join Date
    Oct 1971
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    5,193

    Default Re: Adjuster Lowered My Temporary Partial Disability Benefits

    Quote Quoting automech01 View Post
    My adjuster lowered my temporary partial disability benefits. said because the brought some company in to evaluate my case. they said that theoretically i can work for 9.00 hr for forty hrs and pay me the difference. i have been trying to find work but no one will hire me with doctors restrictions attorney says they can but he will fight it. what can i do ?
    This tactic is used to force you into settling for less than you're owed.
    This is just one the latest lowball strategy's cooked up by the Republican con-men.
    Look forward to settling your case for half of the value - if you're lucky.

    Temporary Partial Disability (TPD)
    TPD means that you still need medical care, but a physician feels that you are able to return to the duties of your regular work, or perhaps modified or light duty. During this stage, the carrier continues to pay the totality of medical expenses from the approved physician, but now pays 2/3 of the difference between your established average monthly wage (AMW) and the wages you are “able to earn” within your medical restrictions. This is an issue that is litigated with increasing frequency. The worker will often contend that his employer does not have light duty available, and that he has looked for other light duty jobs without success, and therefore, is entitled to continuing full disability benefits. Carriers may respond that the worker could have found other light duty jobs, and the carrier will then reduce disability benefits, taking credit for wages it claims the worker was able to earn, even if no wages were earned. Denial of disability benefits is a tactic sometimes used to force desperate workers to settle for less than what is owed. Disability checks during this stage must be paid at least every 30 days.
    http://workinjuryaz.com/arizona-work...-lawyers/info/

    Neat huh?
    They've been pulling this stunt in just about every state that elected a Republican governor.
    These guys won't stop until they destroy the system completely.
    Sorry for the reality check but I have a bad habit of telling it like it is.

    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.

  3. #3
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    Nov 2013
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    Default Re: Adjuster Lowered My Temporary Partial Disability Benefits

    Thanks for the help. can my attorney fight and win this? I cannot live off what there giving me.

  4. #4
    Join Date
    Oct 1971
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    5,193

    Default Re: Adjuster Lowered My Temporary Partial Disability Benefits

    automech01
    I cannot live off what there giving me.
    That's the goal, they call that "starve out" tactics, the idea is to force you into settling for pennies.

    can my attorney fight and win this?
    Possibly, it's not going to be easy, there are two elements that will determine the outcome.
    First, your attorney will need to prove that you made a reasonable search for suitable work within your qualifications and training and failed to find employment.

    “The challenges will be to demonstrate what the employee’s true wage earning capacity is after an injury or illness, and to show that, in fact, a good-faith effort has been made to obtain employment that would pay the worker within that wage earning capacity.”
    http://www.prweb.com/releases/michig...web9101411.htm

    Second, the carrier will have to show that there are actual job opportunities that pay $9.00 per hour reasonably available in your area or that you refused a job offer.
    The courts have ruled "that it is not a theoretical ability to work alone that gives rise to the right to reduce a claimant’s benefits, but instead such an ability coupled with an opportunity to exercise that ability"

    The magistrate recognized that the claimant had the physical capacity to do work that pays $9.00 an hour, but that Harder “made it clear that it is not a theoretical ability to work alone that gives rise to the right to reduce a claimant’s benefits, but instead such an ability coupled with an opportunity to exercise that ability to earn wages.” The magistrate recognized that the claimant had made a reasonable search for suitable work within her qualifications and training but could not obtain any such employment. A panel of the Michigan Compensation Appellate Commission affirmed the Magistrate’s award of unreduced benefits–and now both the Court of Appeals and the Supreme Court have left the award of full unreduced benefits undisturbed
    http://themaj.org/2014/04/28/workers...t-put-to-rest/

    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.

  5. #5
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    Nov 2013
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    Default Re: Adjuster Lowered My Temporary Partial Disability Benefits

    And to think i left Michigan 5 yrs ago and its still affecting me in one way or another. I'm just going to bite the bullet and ride it out. me and my family are in for a rough ride. but if we can survive in Michigan we can weather this as well. thank you for your help

    - - - Updated - - -

    Just wondering if any one here has had this happen to them and would like to share their experience

  6. #6
    Join Date
    Aug 2012
    Location
    Michigan
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    63

    Default Re: Adjuster Lowered My Temporary Partial Disability Benefits

    Yeah, Michigan is like that. Looking for the theoretical jobs right now. I'm supposed to be looking for work within a 50 mile radius; forget the time it takes to go to travel to such a "job", IF it ever existed, let alone the cost of fuel and wear and tear on a vehicle that could very well leave me stranded between Point "A" and Point "B". I talked to a guy at a yard sale this past fall; he was injured and the insurance company tried to starve him out too. Turns out he had the same lawyer I have. Should be okay for me regardless. Good luck.
    Last edited by hong kong phooey; 02-14-2015 at 08:11 AM. Reason: Fix typo.

  7. #7
    Join Date
    Nov 2013
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    10

    Default Re: Adjuster Lowered My Temporary Partial Disability Benefits

    They started doing this to me after almost 2 yrs of being on Temporary Partial Disability. is there a reason they just started doing this to me now?

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