Results 1 to 9 of 9
  1. #1
    Join Date
    Aug 2016
    Location
    Southeastern Oklahoma
    Posts
    7

    Post Oklahoma Work Comp

    I don't know where to begin, but I feel like my case has some serious flaws, from my injury, surgery, work comp doctor, my attorney, and my current doctor. I'm a newbie to this site so here's my first of many more questions to come....

    Why do I feel like everyone is against me?? I can answer that one myself..... because they are all shady with any answers to my questions and I literally feel like my own attorney thinks my case is peanuts and they have bigger fish to fry, so I need to be gone.

    The only settlement offer I have been quoted is so low its embarrassing to repeat! Also I have not been "so called fixed" and work comp is not offering to leave any future medical open. WHAT THE????

    Meanwhile I have had a herniated disc injury to my lower back while on the job, with injections, physical therapy, and a surgery for disc discectomy/laminectomy. Which by the way was a failure and I have been told by my second opinion doctor that I am worse off now than before the surgery and he has suggested a spinal fusion with hardware and then another surgery later on for removal of hardware.

    Too bad he retired and the new doctor that took his place has reviewed the previous doctors file on me and has instructed me to make a complete life style change in 2 months and only then will he proceed with my needed surgery!!! I was at a loss for words when he told me that. Ive already had a life changing event that will haunt me to my death. I am young, about 20+ years before I can retire. WHAT DO I DO ABOUT THIS ISSUE????? ANY HELP, ADVICE, OR OPINIONS WOULD BE GREATY APRECIATED!! THANK YOU!!

  2. #2
    Join Date
    Oct 1971
    Posts
    4,742

    Default Re: Oklahoma Work Comp

    OklahomaWrangler
    The only settlement offer I have been quoted is so low its embarrassing to repeat!
    That's because worker comp doesn't allow for pain and suffering, benefits are based on a percentage of your Average Weekly Wage. (AWW)
    Based on your final Impairment Rating, you're entitled to loss of future earning capacity only - don't look for a "big settlement"
    Most people who suffer serious injuries, depend on SSDI to make it through life - they never get enough in a settlement.

    Permanent Partial Disability
    A person is permanently partially disabled when he/she is unable to perform the same job duties as he or she could perform before the injury, but is still capable of working in some capacity.
    PPD typically is paid in a weekly amount, currently set at 70% of the injured worker's average weekly wage, but capped at $323 per week. Sometimes this amount is commuted to a lump sum, meaning part or all of the benefit is paid in one payment, rather than weekly amounts.
    https://www.ok.gov/wcc/documents/10_...20%20FINAL.pdf

    Listen to your attorney, he knows the specifics of your case and the laws of your state.
    Attorneys are paid a percentage of benefits obtained on your behalf, the more they obtain - the more they make, he has no incentive to lowball you.

    Tony
    Last edited by tony; 08-18-2016 at 05:47 AM.
    Moderator Responses are based on my personal bias, experience and research - they may not be accepted in the legal community, always consult an attorney.

  3. #3
    Join Date
    Feb 2007
    Location
    Charlotte, NC
    Posts
    3,672

    Default Re: Oklahoma Work Comp

    Part of your problem is that you are in OK. You guys have elected politicians to your state legislature and Governor's office that have done everything they can to screw injured workers so that employers and insurance companies can make more money. Get your friends and family to stop voting for conservatives.

    And if by "lifestyle change" you mean he told you to stop using tobacco and to lose weight, that is standard advice for fusion patients. If you use tobacco you have a much lower chance of the fusion working.
    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 at Law

  4. #4
    Join Date
    Aug 2016
    Location
    Southeastern Oklahoma
    Posts
    7

    Default Re: Oklahoma Work Comp

    Thanks for responding back. I understand all that you're telling me. It's just I'm frustrated after going through all of this & not once have I spoke to my actual lawyer. I get any information from the legal assistant & that person still can't give me any answers. What I have been told is crazy, settlement offer was $9000 on a back injury with no medical left open. I did not take it but legal assistant is saying I probably won't get much more than that first offer. Now does that sound right?? If so this whole thing is one big joke. One big game for the attorneys & work comp to get the benefit of more money for them! Treat and street the injured and who cares where they will be after its all over n their case. Sorry to sound so negative.

    Also to complwyr..... I agree living in Oklahoma & trying to deal with work comp & getting a decent settlement is crazy & a BIG LET DOWN! Really puts it in perspective and let's the nation know just how much Oklahoma really cares for the working class here. Sad sad deal.

    Yeah I a change of life style in those areas is needed but to put a 2 month time limit to completely change or no surgery is ridiculous! If you've never been over weight, smoked, had an addiction problem such as alcohol or drugs you do not have a clue. These are all issues that can not b cured in two months. If that were possible our great nation wouldn't be in the shape it's in now, amongst many other issues. There is NO quick fix in this department. I really feel bad for those that have these issues. My rant is how can a physician expect total change in two months?! I mean come on now that's unheard-of. Unless you receive a miracle. Thanks for your response

  5. #5
    Join Date
    Oct 1971
    Posts
    4,742

    Default Re: Oklahoma Work Comp

    What I have been told is crazy, settlement offer was $9000 on a back injury with no medical left open. I did not take it but legal assistant is saying I probably won't get much more than that first offer. Now does that sound right??
    Possibly, it depends on your Impairment Rating - you receive a certain amount of weeks for each percentage of impairment.
    Example -If you had a 10% Impairment Rating, you would be eligible for 35 weeks of benefits based on your AWW.

    Benefits for permanent partial loss of use are computed at 70% of the worker’s average weekly wage, up to amaximum of $323 for the number of weeks which the partial disability of the employee bears to three hundred fifty (350) weeks.
    The following chart is an
    EXAMPLE using the maximum PPD rate of $323
    https://ok.gov/wcc/documents/PPD_AWCA.pdf

    Your postings are inconsistent, in another thread you said you've been released from medical care, in this thread your say "I have not been "so called fixed"
    At the end of the day, it comes down to your final Impairment Rating, without knowing that we're in the dark.
    If you haven't received a rating, settling shouldn't be in the conversation - you're not qualified or ready yet.

    Tony
    Moderator Responses are based on my personal bias, experience and research - they may not be accepted in the legal community, always consult an attorney.

  6. #6
    Join Date
    Aug 2016
    Location
    Southeastern Oklahoma
    Posts
    7

    Default Re: Oklahoma Work Comp

    I have been released & was pending settlement. My rating doctor had me around 40% & WC rating doctor says 9%. When I found out my medical wouldn't be left open, I asked to b seen by another doctor because the first doctor retired and I had not gotten the fusion done that he recommended

  7. #7
    Join Date
    Oct 1971
    Posts
    4,742

    Default Re: Oklahoma Work Comp

    Quote Quoting OklahomaWrangler View Post
    I have been released & was pending settlement. My rating doctor had me around 40% & WC rating doctor says 9%. When I found out my medical wouldn't be left open, I asked to b seen by another doctor because the first doctor retired and I had not gotten the fusion done that he recommended
    Have you had an IME or and AME - if so what rating did they give you?
    It sounds like the offer was for the 9% rating, you'll need an alternate opinion from another doctor to counter that.

    If you don't have a lawyer, now's the time to retain one - this isn't a do it yourself project.

    Tony
    Moderator Responses are based on my personal bias, experience and research - they may not be accepted in the legal community, always consult an attorney.

  8. #8
    Join Date
    Aug 2016
    Location
    Southeastern Oklahoma
    Posts
    7

    Default Re: Oklahoma Work Comp

    I do have an attorney. My attorneys rating doctor has me at 46% disabled. Opposing WC doctor has me at 9%. The only information I have about this is they should met n the middle of these two numbers. Thanks for all your advice.

    Sorry 40% disabled from my attorneys doctor. My mistake, auto correct, lol

    Never heard of an IME or AME

  9. #9
    Join Date
    Oct 1971
    Posts
    4,742

    Default Re: Oklahoma Work Comp

    Quote Quoting OklahomaWrangler View Post
    I do have an attorney. My attorneys rating doctor has me at 46% disabled. Opposing WC doctor has me at 9%. The only information I have about this is they should met n the middle of these two numbers. Thanks for all your advice.

    Sorry 40% disabled from my attorneys doctor. My mistake, auto correct, lol

    Never heard of an IME or AME
    An IME is an examination by a doctor representing the carrier, it sounds like that's what you had.

    Without knowing the details, this sounds like an initial offer, it's now up to your attorney to counter with the 40%
    After going back and forth, they should end up in the middle, that's the theory anyway.
    Be patient and let it play out - your lawyer has no incentive to low ball you, he'll go for every dime he can get.

    Tony
    Moderator Responses are based on my personal bias, experience and research - they may not be accepted in the legal community, always consult an attorney.

Similar Threads

  1. Replies: 0
    Last Post: 02-25-2013, 12:40 PM
  2. MMI and TTD in Oklahoma
    By candyO in forum Oklahoma
    Replies: 1
    Last Post: 06-18-2009, 06:45 AM
  3. Job Restrictions in Oklahoma
    By liloldmemomof3 in forum Oklahoma
    Replies: 7
    Last Post: 03-16-2009, 02:07 PM
  4. Voc Rehab in Oklahoma
    By rhonda in forum Oklahoma
    Replies: 0
    Last Post: 12-17-2005, 12:28 PM
  5. Help For Injured Oklahoma Workers
    By webmaster in forum Oklahoma
    Replies: 0
    Last Post: 03-03-2002, 12:23 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 


Find a Lawyer