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  1. #1
    Join Date
    Jan 2020
    Posts
    17

    Default Overview and Advice

    Hello all! Injured in Feb.2019,500 weeks award with lifetime medical, $630 TTD weekly.Meeting VoHab agent this week. Havenít reached MMI and have restrictions. What should I expect going forward? Have lawyer as well. 53 years old. Thanks

  2. #2
    Join Date
    Oct 1971
    Posts
    5,167

    Default Re: Overview and Advice

    VaWoCo
    Hello all! Injured in Feb.2019,500 weeks award with lifetime medical, $630 TTD weekly.Meeting VoHab agent this week.
    To be clear, you are eligible for up to 500 weeks of TTD benefits, not guaranteed it.
    Once you return to work with restrictions, you'll then recieve "Temporary Partial Disability Benefits to supplement any loss of earnings due to your restricted work status."

    You can expect that Vocation Rehab agent to terrorize your life, they will make you find any work within your restrictions to lessen their liability.
    Your lawyer should be advising you not to have contact with that agent without his presence and the dangers that await.
    Once you reach MMI, TTD stops and you'll l receive a rating and awarded a permanent Impairment award based on that rating.

    Without knowing the injury and restrictions it's impossible to comment further - I can tell you this, the carrier won't allow you to collect 500 weeks of TTD, they'll find you a job within your restrictions or you'll reach MMI first.
    Listen to your lawyer, be careful around any agent from the carrier - they have a bag of dirt tricks and will deploy all of them.
    The below link to your states' Commission should enlighten you to the process.

    Temporary Disability Benefits:
    There are two types of temporary disability benefits that you may be entitled to during your recovery to make up for some of your lost wages:

    Temporary total disability (TT):
    If your doctor says you cannot work because of your work-related injury or illness, you may be entitled to compensation equaling 66 2/3% of your regular wages based upon earnings for the 52 weeks prior to your injury. This amount is subject to a statewide maximum reimbursement amount.
    Temporary partial disability (TP):
    When the doctor states you can return to work with restrictions, you may be eligible to receive Temporary Partial Disability Benefits to supplement any loss of earnings due to your restricted work status.
    Permanent Partial Disability Benefits (PPD)
    When your doctor states that your injury has reached a state of maximum medical improvement and that your condition is not expected to improve significantly, the doctor may have you evaluated for a possible impairment rating. If you receive a permanent impairment rating greater than 0% to a ratable extremity, you may be entitled to compensation pursuant to the Guide for Permanent Loss as set forth in Virginia Code ß65.2-503.
    http://www.vwc.state.va.us/documents...benefits-guide

    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
    Jan 2020
    Posts
    17

    Default Re: Overview and Advice

    Quote Quoting tony View Post
    VaWoCo To be clear, you are eligible for up to 500 weeks of TTD benefits, not guaranteed it.
    Once you return to work with restrictions, you'll then recieve "Temporary Partial Disability Benefits to supplement any loss of earnings due to your restricted work status."

    You can expect that Vocation Rehab agent to terrorize your life, they will make you find any work within your restrictions to lessen their liability.
    Your lawyer should be advising you not to have contact with that agent without his presence and the dangers that await.
    Once you reach MMI, TTD stops and you'll l receive a rating and awarded a permanent Impairment award based on that rating.

    Without knowing the injury and restrictions it's impossible to comment further - I can tell you this, the carrier won't allow you to collect 500 weeks of TTD, they'll find you a job within your restrictions or you'll reach MMI first.
    Listen to your lawyer, be careful around any agent from the carrier - they have a bag of dirt tricks and will deploy all of them.
    The below link to your states' Commission should enlighten you to the process.

    Temporary Disability Benefits:
    There are two types of temporary disability benefits that you may be entitled to during your recovery to make up for some of your lost wages:

    Temporary total disability (TT):
    If your doctor says you cannot work because of your work-related injury or illness, you may be entitled to compensation equaling 66 2/3% of your regular wages based upon earnings for the 52 weeks prior to your injury. This amount is subject to a statewide maximum reimbursement amount.
    Temporary partial disability (TP):
    When the doctor states you can return to work with restrictions, you may be eligible to receive Temporary Partial Disability Benefits to supplement any loss of earnings due to your restricted work status.
    Permanent Partial Disability Benefits (PPD)
    When your doctor states that your injury has reached a state of maximum medical improvement and that your condition is not expected to improve significantly, the doctor may have you evaluated for a possible impairment rating. If you receive a permanent impairment rating greater than 0% to a ratable extremity, you may be entitled to compensation pursuant to the Guide for Permanent Loss as set forth in Virginia Code ß65.2-503.
    http://www.vwc.state.va.us/documents...benefits-guide

    Tony
    Thank you for that! I had an apparatus fall on my foot. Broke 2 toes that required surgery and pins. Doctor diagnosed me with peripheral neuropathy and Mortonís Neuroma as a result of nerve damage from the crush injury I had. My job doesnít or canít accommodate my restrictions. I am hoping they offer to close me out and get all this behind me. Restrictions are no standing or walking for work. Sedentary duty. I know the IC isnít here for my best interest.

  4. #4
    Join Date
    Oct 1971
    Posts
    5,167

    Default Re: Overview and Advice

    VaWoCo
    I am hoping they offer to close me out and get all this behind me.
    That'll be after they've exhausted "voc rehab" and minimized your rating. These guys are slick, they wont offer anything without a fight, luckily you've lawyered up, you'll need it.
    Again, I can't stress the importance of being careful around any caseworkers, they don't have your interest at heart - They're hired by the carrier to minimize or close your case by any means necessary, they'll stop at nothing.

    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
    Jan 2020
    Posts
    17

    Default Re: Overview and Advice

    Very glad I found this forum. I will be very careful of what I say around them. Sedgwick already tried to cut me off 2 days after I got my lawyer. After all the sweet talk they did! So everything goes through my lawyers from that point. Thanks for all the info.

    Also my medications costing them $900+ per month

  6. #6
    Join Date
    Oct 1971
    Posts
    5,167

    Default Re: Overview and Advice

    One more thing - At this point they may have a PI work in conjunction with that Voc Rehab caseworker - they'll share info in a desperate attempt to catch you performing outside of your restrictions.
    Be careful of cars breaking down in front of your house or sitting in your neighborhood, your neighbors snooping in your yard or strangers approaching you at doctor appointments or while shopping.
    Watch what you do in public, never perform outside of your restrictions and use any aids like a cane if ordered by your doctor.

    Be Careful
    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.

  7. #7
    Join Date
    Jan 2020
    Posts
    17

    Default Re: Overview and Advice

    Good advice. My house is in the country so Iíll know if thereís people looking in. Iím suspicious of strangers anyway.

    I was with the same company for 30 years. $24/hr. Iím not sure how many employment options there are for me in my area , so I anticipate the Vohab will be interesting. Never knew how stressful this whole process could be.

  8. #8
    Join Date
    Jan 2020
    Posts
    17

    Default Re: Overview and Advice

    I havenít reached MMI yet.But whatís the next step after that? If thereís a rating and some PPD, is that the end of my case as far as indemnity is concerned ? Iím sure I wonít return to my old job. Iím sure my lawyer explained it to me ,but I donít remember it all.

  9. #9
    Join Date
    Oct 1971
    Posts
    5,167

    Default Re: Overview and Advice

    I haven’t reached MMI yet.But what’s the next step after that? If there’s a rating and some PPD, is that the end of my case as far as indemnity is concerned ?
    Yep, you get a percentage of benefits based on your rating and your case is closed.
    So if you lost 50% use of the great toe you would be eligible for 15 weeks of benefits.
    All of this is explained in the above source I posted.

    Permanent Partial Disability Benefits (PPD)
    When your doctor states that your injury has reached a state of maximum medical improvement and that your condition is not expected to improve significantly, the doctor may have you evaluated for a possible impairment rating. If you receive a permanent impairment rating greater than 0% to a ratable extremity, you may be entitled to compensation pursuant to the Guide for Permanent Loss as set forth in Virginia Code ß65.2-503.
    http://www.vwc.state.va.us/documents...benefits-guide

    I had an apparatus fall on my foot. Broke 2 toes
    Here's the chart.

    ß 65.2-503. Permanent loss.
    A. Compensation for permanent partial and permanent total loss and disfigurement shall be awarded as provided in this section.
    B. The following losses shall be compensated for the period specified at the rate of 66 2/3 percent of the average weekly wage as defined in ß 65.2-101:

    7. Great toe 30 weeks.
    8. A toe other than a great toe 10 weeks.
    9. First phalanx of any toe one-half compensation for loss of entire toe.
    The loss of more than one phalanx of a toe is deemed the loss of the entire toe.
    https://law.lis.virginia.gov/vacode/...ction65.2-503/

    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.

  10. #10
    Join Date
    Jan 2020
    Posts
    17

    Default Re: Overview and Advice

    Not sure if it makes a difference but the injury part of my claim says foot. Also if they do find me employment that only pays say $10/hr, does the IC have to make up the difference? ($24/hr) If so, for how long? Thanks for helping me sort through this process,Iím learning.

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