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  1. #1
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    Aug 2018
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    3

    Default What Happens Next, Released from Doctor W/Restrictions

    Injured at work, union carpenter, high rise construction had surgery on my knee torn meniscus in February. About 2 mths ago was given cortisone shot

    Still not healing well in pain can't put pressure on it or squat . Had QME done that Dr said my knee is still messed up best it will be. My primary doctor that workers comp has sent me to discharged me from care but with modified work I can't lift over 20 lb limited forceful pulling / pushing limited stooping bending kneeling and squatting no climbing ladders.

    these are about the same restrictions that I've had for the past couple months and my job has not accommodated my restrictions or brought me back to work I am currently on TTD.

    My question is now that I am discharged from care if my job can't accommodate my restrictions what happens to me because I'm not fully disabled or I can't walk but I have restrictions that my high rise construction job cannot accommodate. I have a lawyer as well.

  2. #2
    Join Date
    Oct 1971
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    4,913

    Default Re: What Happens Next, Released from Doctor W/Restrictions

    My question is now that I am discharged from care if my job can't accommodate my restrictions what happens
    They'll make you complete a weekly job search report, you'll will be expected to find work within your restrictions.
    Once you reach MMI and receive your final rating, you may qualify for vocational rehab.

    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
    Aug 2018
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    Default Re: What Happens Next, Released from Doctor W/Restrictions

    So what's this mean I lose my job as a journeyman carpenter that I trained and worked for, becoming a journeyman carpenter and I get dumped on the side of the road like trash? What does this meant for my settlement?
    Do I stay on TTD untill I find a new job? I was told something along the lines since I am in the union they can "buy me out" ??? Trying to make sense of it all about what will happen for me and my family.

  4. #4
    Join Date
    Oct 1971
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    4,913

    Default Re: What Happens Next, Released from Doctor W/Restrictions

    Quote Quoting Madmartigain View Post
    So what's this mean I lose my job as a journeyman carpenter that I trained and worked for, becoming a journeyman carpenter and I get dumped on the side of the road like trash? What does this meant for my settlement?
    Do I stay on TTD untill I find a new job? I was told something along the lines since I am in the union they can "buy me out" ??? Trying to make sense of it all about what will happen for me and my family.
    If you have a labor contract that specifically addresses your situation, you may be eligible for some type of payout - otherwise you'll have to jump through some hoops before seeing a settlement.

    Everything depends on your loss of earning capacity.
    The degree of physical impairment is just one factor in determining loss of earning capacity - other factors include age, education, work history and other issues.
    Some states have what's called a "Phantom Wage Law" It means the carrier get's credit for work that the job market says is available, even if you're not working.

    The idea is to make you find a job within your restrictions to limit the carriers liability.
    So if you find a job as a greeter at the mall, they will then get credit for every dollar you make against the wage loss side of the claim.
    A lot depends on the labor market in your area, most of the time this scam blows up in their face but they try anyway.

    You need to discus these issues with your lawyer, he knows the facts of your case, the laws of your state and the local labor market - I'm giving a general idea of "what could" happen, that doesn't mean it will.

    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
    Aug 2018
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    3

    Default Re: What Happens Next, Released from Doctor W/Restrictions

    Thanks yes we have a certain labor agreement and our cases have to go through arbitration. I was told that I possibly can receive vouchers up to $6, 000 in order to find a new trade which is kind of bullshit because I don't know of a trade that I can pay $6, 000 to learn that's going to make me $45 an hour let's vacation pay and pension and benefits...

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