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  1. #1
    Join Date
    Sep 2016
    Posts
    1

    Default Disability from a Psychological Injury

    Court issued independent MA State Psychiatric Dr's have concluded that I am "Totally Disabled", directly due to my past employment where State Dr's have found me permanently unfit to return to work, and I am unable to retain a job. PTSD Axis I, positive for ten criteria for PTSD and Major Depressive Disorder, Severe. Again, "directly related to past employment" (MA State Job of many many years).

    The Court proceedings have been dragged on since 2013 due to it being a Psychological issue which is difficult to prove because it's something you can't physically see. As apposed to a physical injury which can be seen and understood much more clearly.

    My questions are;
    1. if the Judge rules in my favor will I receive retroactive pay from the beginning of my claim in 2013? Is that another fight in court, something the Judge has to order, an automatic practice, not a common practice or simply out of the question?

    -Also-

    2. due to my physiological condition and my being unemployed, my wife recently has unfortunately decided she wants a divorce. Is she entitled to money from a Disability Case?

    I'm not getting a grasp on this legal stuff...
    Thank you for any information you can provide me.

  2. #2
    Join Date
    Feb 2007
    Location
    831 East Morehead St., Ste 355, Charlotte, NC 28202
    Posts
    3,754

    Default Re: Ma Workers Comp, Totally Disabled, Retroactive Payment Question

    I don't practice in MASS but typically workers' comp payments are based on the period of time during which you were disabled from working due to the injury. IF the court found that you were disabled since 2013 due to the work-related injury or illness, then I would say yes, you would get payments for that whole period, subject to the state law's duration cap, if any.

    Whether your wife gets any of that money depends on your state's divorce law and the particular facts of the divorce case. It is not a workers' comp law issue.
    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

  3. #3
    Join Date
    Mar 2010
    Location
    chicago
    Posts
    517

    Default Re: Ma Workers Comp, Totally Disabled, Retroactive Payment Question

    I was going thru a divorce when I got hurt. she didn't get any of my money from the settlement she was awarded alimony when the divorce was final . but not a penny of my money from the w/c case and the pi case also. she got money from some of the back pay when they cut me off but none of the final money. hope that gives you a bit of relief. but you should be divorced other wise she might be able to get $$ its up to the divorce lawyers

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