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  1. #1
    Join Date
    May 2018
    Posts
    2

    Default Changing Jobs Before MMI

    My workers compensation claim was made in the State of: Nebraska. I was injured and filed a claim in august of 2017. I tried PT and eventually had a Capsular reconstructive surgery done in Jan. 2018 The surgery is new to the United states and has only been preformed for the past 1 1/2 yrs. There are 4 rotator cuff muscles in the shoulder. My top 2 were completely severed and had atrophy from waiting too long to get medical attention. The front one was torn as well and the back one was thinned to the point that it was almost detached. The bicep had been rubbing for several years on the exposed bone and had become shredded. They had to use cadaver skin to try to build a bridge for the 3 rotator cuffs to try to graph too. The bicep was cut but unable to be reattached because it was too shredded to be reattached. The front rotator was repaired. The Dr. has said that MMI is 1 year out. He said that he can not tell me that I can't return to my job but he recommends against it. It is very labor intensive and he said that there is no way of knowing if the shoulder will hold up 2 months or 20 years, because of the lack of statistics. He has also said that he can see the atrophy in my other shoulder as well. So, returning to work at a heavy labor job, is probably not the best idea. One of them will probably go. My job doesn't offer anything to me unless I can go back with no restrictions. They will not put me back to work with light restrictions. Also, I'm salary plus commission, I'm a milkman. So, becoming injured in August they went back over the summer months to get my average, but I lose 1/3 of my income during the summer. So right now I'm only bringing home about 52% of my average income. My wife is disabled due to genetic spine diseases. So , we are struggling. I've been offered a job from a friend that would potentially pay better than my old job and it is just sales, no labor at all, and I have to let him know this week. I understand that I would lose my wage reimbursement but what happens then? What if I have a permanent impairment that keeps me from ever returning to manually labor or even being able to use my arm? 6 months out and I'm still unable to lift a glass of water to my mouth. Would I still go through the process and be offered a settlement for my impairment and loss of wages? We have 3 kids of our own and have taken on 2 foster kids, I really need to be making more money but I don't want to get a new job and let them off the hook, if I will have to have this permanent impairment for the rest of my life. I am 45 yrs old. Thanks for any advice.

  2. #2
    Join Date
    Oct 1971
    Posts
    4,890

    Default Re: Changing Jobs Before MMI

    Wait until the resolution of your claim before changing jobs - consult and hire an attorney before settling otherwise they'll low ball you.

    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
    Join Date
    May 2018
    Posts
    2

    Default Re: Changing Jobs Before MMI

    So, your opinion is to wait for another 6 months to a year? My family cannot sustain our home on this limited income.

  4. #4
    Join Date
    Oct 1971
    Posts
    4,890

    Default Re: Changing Jobs Before MMI

    tanda 156
    Quote Quoting tanda156 View Post
    So, your opinion is to wait for another 6 months to a year? My family cannot sustain our home on this limited income.
    Do what you have to do, ideally you should wait otherwise you'll jeopardize the wage loss side of your claim.
    You really need to consult a lawyer before deciding anything, it sounds like that employer and carrier aren't being honest with you.

    I'm a milkman. So, becoming injured in August they went back over the summer months to get my average, but I lose 1/3 of my income during the summer. So right now I'm only bringing home about 52% of my average income.
    That's not correct, weeks when your income was abnormally low should be excluded from the calculation.
    They need to determine the AWW by the 26 weeks preceding your accident date, excluding the abnormally low income weeks in the calculation.

    Calculation of AWW for Temporary Total Disability Purposes:
    For purposes of calculating temporary total disability, the employer multiplies the gross hours worked by the employee during the 26 weeks preceding the accident by the hourly rate of pay earned at the time the hours were worked. This provides the employee’s gross wages. Once gross wages are calculated, that number is divided by 26 (or the number of weeks worked by the employee prior to the injury) to determine the AWW.
    Note that any weeks where the employee’s hours were “abnormally low” are excluded from this calculation. For example, if there are two abnormally low weeks, those hours are excluded from the gross wages calculation and gross wages would be divided by 24 (rather than 26). For purposes of Temporary Total Disability benefits, the AWW calculation applies regardless of whether the employee works more than 40 hours per week or less than 40 hours per week. As seen below, this is not necessarily the case with Permanent Partial Disability Benefits.
    https://baylorevnenworkerscompensati...fits-purposes/

    If you return to work at a lower paying job, you'll be eligible for temporary partial disability benefits.

    Temporary Disability Benefits
    In Nebraska, temporary total disability benefits are paid when an employee needs time off work while being treated for a work injury. The first seven days of missed work are not paid unless you need more than six weeks off work.
    Benefits for temporary total disability are two-thirds of your average weekly wage. However, you cannot receive more than a maximum amount set by law each year. For 2017, the maximum weekly benefit is $817 per week.
    If you’re able to work during this time, but you are earning less due to your injury, you can receive temporary partial disability benefits. These benefits are two-thirds of the difference between your wages before your injury and what you’re able to earn now, subject to the same weekly maximum mentioned above. Temporary partial benefits are paid for a maximum of 300 weeks.
    https://www.nolo.com/legal-encyclope...-nebraska.html

    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
    Join Date
    Feb 2007
    Location
    Charlotte, NC
    Posts
    3,731

    Default Re: Changing Jobs Before MMI

    The poster needs to talk to a good workers' comp lawyer.
    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

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