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mom2twokids · 05-03-2010, 09:58 AM

I am in PA. I posted a few weeks back that the insurance co. was talking a settlement (we had our disfigurement hearing and their lawyer who was standing in for our normal adjustor said he was going to push for a settlement, said we should of settled a long time ago)... Anyway we didn't hear anything and our lawyer called last week and got the most recent IME report (we had a feeling it was back and they were withholding it from us) and their dr agreed that my husband has problems and agreed with the no driving restriction but said in his opinion my husband will be healed within 6-12 mos, it has been 2 yrs and everyone else says they have no idea when and if my husband will get better (he has post concussion syndrome and we have been told that if he didn't heal within a year they really have no idea when/if he will heal).. He said he can return to work as long as it is a sedentary job but didn't specify full time or part time..

So now our lawyer is saying that the adjustor (according to our lawyer and even the lawyer who stepped in a few weeks ago this adjustor has a reputation for being difficult) is giving him the impression that his employer is now going to offer him a job within his restrictions at his old company after 2 years?? It is also a very small company, family owned... They are very bad feelings all around and I just can't believe that they even want my husband back b/c they took us getting a lawyer very personally... He also cannot drive so he would have to take the train but it doesnt' go to their developement (office is in their house) and he would have another 20 min walk on a busy highway...

Is this normal? Our lawyer said we just basically sit and wait and see if they present him with an official offer in writing...

jayne · 05-03-2010, 12:13 PM

if they offer a job within his restrictions he must take it or lose everything....they dont care how he gets to work its not their problem.....unless they provided a ride for him before his injury....

05-03-2010, 01:29 PM

I will agree that they don't care how he gets to work, but depending on the facts there are some helpful cases in PA that indicate that if an injured worker can not get to the job, the job is not actually available.

jayne Wrote:if they offer a job within his restrictions he must take it or lose everything....they don't care how he gets to work its not their problem.....unless they provided a ride for him before his injury....

mom2twokids · 05-03-2010, 02:19 PM

No driving is one of his restrictions so that really isn't within his restrictions?? He could drive before the injury, the no driving restriction is a result of the accident b/c he has such a severe balance deficit he cannot be behind the wheel of a car...

05-03-2010, 03:11 PM

I would have to agree with your lawyer that until the job offer is actually made, the best you can do is wait and see what is offered. I actually had a client a few years back that was offered transportation as part of the job offer under similar restrictions, so you will not know until you receive the job offer.