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Quick question about Lumbar injury, rating, and state disability - Printable Version

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Quick question about Lumbar injury, rating, and state disability - Frayed - 10-27-2013

Hows it going guys. I'm new here. Just posted about my settled case yesterday however I have a question for a friend. He had a lower back injury at work. He switched jobs awhile back, about 8 months because he couldn't do it anymore. It wasn't restrictions from a workmans comp doctor because they wouldn't aporove him. It was his own doctor while using his work health insurance that he had. Because of that he was on state disability for 6 months. Workers comp finnaly approved him last month and now is at physical therapy. He has a new job now too and yes he has a lawyer.

Here are the questions, mind yiu this was in new Jersey and still is.
Does he gave to pay that state disability back out of any settlement he would get?
And if so does he pay every penny bsck or a percentage?

What are the typical impairment ratings for a few bulging discs in the lower back and one in the neck? Also has degeneration. I know there is no average but what in your guys experience is the rating for Lumbar with just bulging and degeneration if he doesn't get any better. I heard Lumbar is usually a low number . Any average numbers or experience would be really appreciated. He doesn't need surgery.

Thanks so much for yiur time. I'm trying to help a good friend get through this as workers comp really put him through the ringer in the beginning.



RE: Quick question about Lumbar injury, rating, and state disability - 1171 - 10-27-2013

will repay state disability for days that overlap TTD payments- the rates should be the same.
ratings depend on what rating guide is used; no specific guide is required by New Jersey.


RE: Quick question about Lumbar injury, rating, and state disability - Frayed - 10-27-2013

(10-27-2013, 02:01 PM)1171 Wrote: will repay state disability for days that overlap TTD payments- the rates should be the same.
ratings depend on what rating guide is used; no specific guide is required by New Jersey.

What do you mean for days that overlap ttd payments? He was never out on WC so he never got weekly checks from them. By the time they approved it he was got another job already. He state disability payed something like 70% of his weekly salary. But as you know his settlement, if he gets one, will be much less weekly because they go by rates. Could be only a couple hundred a week, probably a little more. But his weekly disability was like 400 a week. So will ever 400 a week come out of his settlement if he gets one? Like if he was paid 10,000 over those 6 months would 10,000 come off the top? Thanks


RE: Quick question about Lumbar injury, rating, and state disability - 1171 - 10-27-2013

i have no access to your file or any data on your case. I did not say there was an overlap; you must have misread my post.
I have no idea whether retroactive TTD will be an issue or how the comp court will decide if it is brought to them..

benefits for work related disability is separate from non-work related disability.
if there is no overlap then there is no repayment.


RE: Quick question about Lumbar injury, rating, and state disability - Frayed - 10-27-2013

(10-27-2013, 05:34 PM)1171 Wrote: i have no access to your file or any data on your case. I did not say there was an overlap; you must have misread my post.
I have no idea whether retroactive TTD will be an issue or how the comp court will decide if it is brought to them..
if there is no overlap then there is no repayment.

Im still confused. I'm sorry. All I'm saying is he is not owed any back payments of workmans comp. He was either working the whole time or on state disability. If he gets a settlement will he owe the six months of disability back? Thats all im asking. Thats all the case info that hss to do with money that there is. So what other info do you need regarding the case file?


RE: Quick question about Lumbar injury, rating, and state disability - 1171 - 10-27-2013

"benefits for work related disability is separate from non-work related disability.
if there is no overlap then there is no repayment. "

I don't know where the confusion is or what other answer you want; I can't make it clearer.
I suggest your friend contact an atty.


RE: Quick question about Lumbar injury, rating, and state disability - Frayed - 10-27-2013

(10-27-2013, 06:01 PM)1171 Wrote: "benefits for work related disability is separate from non-work related disability.
if there is no overlap then there is no repayment. "

I don't know where the confusion is or what other answer you want; I can't make it clearer.
I suggest your friend contact an atty.

He has an attorney like I said in my post . Hes confused because although he never got any weekly checks from workmans comp, his attorney mentioned having to pay state disability back, which he got for 6 months, out of his settlement so he's confused. He wasn't completely clear what she said. I wss just trying to clarify it here to help him out. Now I'm more confused because you're sayuthe opposite. No need to get an attitude


RE: Quick question about Lumbar injury, rating, and state disability - dusty boy - 10-27-2013

If he gets paid TTD back to the injury date, he will have to pay back the State disability
If his TTD starts after the State disability ended, he will not have to pay it back


RE: Quick question about Lumbar injury, rating, and state disability - Frayed - 10-27-2013

Also regarding the rating, there might not be a rating system used but there has to be some kind of history. I talked to another lawyer on the side while I had one already and he called my shoulder rating almost perfect. Told me tears usually range, with surgery, from 17-27 percent at most. I got 22 1/2 plus my 7000 for my budging disc in neck. So I did almost exactly ehat he said. So whats the usually range on this lumbar injury? They do use a chart once you get the rating I do know that. Regardless of state, what do you usually see for a rating on a lumbar injury, bulging discs and degeneration with no surgery needed? I know there is no real average, or guide but are lower lumbar injuries usually low ratings? Thats what i heard. Seems like you know alot so could you give me something please. Thanks. And like I said I know its not an exact science and varies alot.


RE: Quick question about Lumbar injury, rating, and state disability - Frayed - 10-27-2013

(10-27-2013, 06:36 PM)dusty boy Wrote: If he gets paid TTD back to the injury date, he will have to pay back the State disability
If his TTD starts after the State disability ended, he will not have to pay it back

Thank you for explaining it. I'm not a lawyer not do I know everything about all comp issues so thanks for breaking ot down. How do you know when they'll date it back to? What dictates that. Thanks