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  1. #1
    Join Date
    Jan 2020
    Posts
    22

    Default Hearing Date Set

    Since my last post, I've turned down a few settlement offers, reached MMI, had my benefits halted due to "non compliance" with Voc Rehab, working a PT job, and have a hearing date set for March '22. The IC is claiming I wasn't totally compliant with thier requirements, so of course I'll have to show that I made or am making a legit attempt to market myself,which I'm doing as well as working a PT job that came from Vocationl Rehab. My question is, will they offer me a settlement again or will they try to "starve me out". I haven't heard anything yet about a permenancy rating from the doctor and my lawyer is asking the Commision to hear my PPD on the same date. Do these cases actually go to a hearing?

  2. #2
    Join Date
    Oct 1971
    Posts
    5,204

    Default Re: Hearing Date Set

    my benefits halted due to "non compliance" with Voc Rehab,
    will they offer me a settlement again or will they try to "starve me out".
    Until you receive a rating there isn't a basis to make an offer.
    Without knowing why they found you in non compliance it's impossible to guess - from what you've posted it doesn't look good.
    You better have a sit down with your lawyer to find out where you stand, he knows the details of your claim.

    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
    22

    Default Re: Hearing Date Set

    I think I meant to say TPD and not PPD. I was getting TTD checks weekly before the IC suspended them and asked for a hearing. They are claiming that I wasn't totally compliant since Vocational Rehab alleges that I didn't apply to a job that she assigned to me and I asked for too much pay in an interview. In the meantime I was actually hired part-time in a position that was part of my job search that with Voc Rehab. Thier doctor placed me at MMI, but I haven't got a rating. The FCE says I have permanent work restrictions and I can only work medium duty jobs, which the doctor agreed with. If it means anything, I am under an award and still have 350 of the 500 weeks left. Actually the job that I have, the people honor my restrictions and I'm doing well there dispite the pretty big wage difference. I haven't heard from the Voc Rehab since she visited the job and left paperwork for my employer to fill out and fax back to them stating they are aware of my work restrictions. I was getting $600 plus per week before, and my lawyer is asking for $450 to offset my job earnings.Thus I'm still actively marketing since it's a requirement in Virginia to qualify for PPD benefits.

    Quote Quoting VaWoCo View Post
    I think I meant to say TPD and not PPD. I was getting TTD checks weekly before the IC suspended them and asked for a hearing. They are claiming that I wasn't totally compliant since Vocational Rehab alleges that I didn't apply to a job that she assigned to me and I asked for too much pay in an interview. In the meantime I was actually hired part-time in a position that was part of my job search that with Voc Rehab. Thier doctor placed me at MMI, but I haven't got a rating. The FCE says I have permanent work restrictions and I can only work medium duty jobs, which the doctor agreed with. If it means anything, I am under an award and still have 350 of the 500 weeks left. Actually the job that I have, the people honor my restrictions and I'm doing well there dispite the pretty big wage difference. I haven't heard from the Voc Rehab since she visited the job and left paperwork for my employer to fill out and fax back to them stating they are aware of my work restrictions. I was getting $600 plus per week before, and my lawyer is asking for $450 to offset my job earnings.Thus I'm still actively marketing since it's a requirement in Virginia to qualify for TPD benefits.
    I meant to say TPD

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