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At MMI-Illinois Claim-3 Level Spinal Fusion
#1
Hello out there...Please I need advice. I am a flight attendant based overseas. My employer's headquarters are in Ill, thus my WC case was filed in Illinois. I have a WC attorney there. After an accident on aircraft, I was finally referred to surgeon in Illinois (by claims adj.) because I could not find help here. The surgeon recommended(2) back surgeries...3 level spinal fusion,disc implants,titanium cage, titanium screws in vertebrae(all for stability,improvement of pain level,etc.) WC approved TTD pymts. and surgery(JUN08). After much phys rehab and 2 IME's by the same examiner, plus my ortho here deeming me MMI, I am told by my atty. that my employer wants to know:do I want to make settlement and retire,or do I want my employer to hire agency to find work for me in Europe? My ortho has documented I can sit,stand,walk for 1 hour only.I am in constant pain otherwise. I am flat on my back majority of time.I cannot return to my position as f/a.I agreed to enroll in RAP program(reasonable accommodation)offered by my employer. I have had no response.My atty. advises my employer does NOT have to find work for me where I live.What work can be found for me lying on my back??My atty. advises they will find work for me.My TTD pymts were cut off, then re-instated as my atty. went to court for it.How long can I expect TTD pymts?Plz any help is appreciated.[/align]
 
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#2
without knowing the courts decision or the arguments presented it is difficult to speculate on the length of TD the court will allow. generally TTD is not allowed after you are made MMI.
If you are partially disabled you will be expected to find work within your limitations as partial disability is not enough to live on nor will it replace wages.
If you are involved in vocational rehabilitation you will receive maintenance benefits rather then TTD although it's at the same rate.
 
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#3
Thank you for info1171. My case has not gone to trial. I am doing the waiting game. My employer has not cut me off of TTD pymts.Do you believe it is a good idea to request they hire agency to find me work here? Will I have to pay for this service? My employer wants me to retire, and agree to settlement to be determined...or request they hire agency to find me work here. I appreciate your advice.
 
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#4
clipped wings Wrote:Thank you for info1171. My case has not gone to trial. I am doing the waiting game. My employer has not cut me off of TTD pymts.Do you believe it is a good idea to request they hire agency to find me work here? Will I have to pay for this service? My employer wants me to retire, and agree to settlement to be determined...or request they hire agency to find me work here. I appreciate your advice.

Employer wants you to retire because you are now a risk to them. Your best option, is to prove you can't work. Then go for a settlement based on wage loss set up to the life expiration date table. That will be a high dollar amount, and the best way for you to then settle. And yes you will be able to live off that.
Reply's are intended solely for informational purposes. They are based on personal opinions, experience, or research and are "not to be taken as fact or legal advice", otherwise, always consult an attorney or a doctor.
 
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#5
Bad Boy Bad Boy Wrote:
clipped wings Wrote:Thank you for info1171. My case has not gone to trial. I am doing the waiting game. My employer has not cut me off of TTD pymts.Do you believe it is a good idea to request they hire agency to find me work here? Will I have to pay for this service? My employer wants me to retire, and agree to settlement to be determined...or request they hire agency to find me work here. I appreciate your advice.

Employer wants you to retire because you are now a risk to them. Your best option, is to prove you can't work. Then go for a settlement based on wage loss set up to the life expiration date table. That will be a high dollar amount, and the best way for you to then settle. And yes you will be able to live off that.

Dear BBBB,ok how do I prove I can't work?My atty told me"oh believe me, they will find you some kind of work.I had a client with both legs amputated, and found him work sitting in a chair checking I.D. at front door of a building." I cannot sit for more than 20 minutes without pain.Why am a risk to my employer? Am I expected to live off the unknown at this time settlement? I was advised I can possibly file for Soc. Sec. Disability after my case has been settled??? Plz share your thoughts, and thank you!
 
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#6
Well, one way to prove work status is and FCE evaluation test. Functional Capacity test. Also you need to ask your attorney to set you up into a program to perform an FCE only done over a 3 day period. That will show best results, for it will monitor you over 3 days, instead of the normal BS ones done over a couple hours. 3 Day FCE's are the best ones, never go to one offering less. And if you can do a 3 day computer operated FCE, to me that is even better. I live your State, and had to go to Indiana to get mine done, as I couldn't find what I was looking for in Illinois. So just some information for you there.

As for SSDI, you can apply at anytime, and now is just as good as any time, for you have at least Mim 90 days for anything will be awarded from Social Security anyway's. Your attorney just doesn't want to do the Medicare Set-aside fund for future medical, for that cuts into your attorney's fees. Yes, I know it is a fact. For your MSA fund, is part of your settlement, a portion goes into future medical payments, and the rest to you. This is why you want to settle for lost wages only, nothing else. Stand your ground on that issue, demand it.

What will you live on, SSDI for now, till you settle your case. Then make sure your attorney applies the Language to the settlement, stating it is being paid out at such amount of money per year, till your expected to die by the life table, that stops medicare or SSDI from lowering your payments. http://www.cdc.gov/nchs/data/nvsr/nvsr58/nvsr58_10.pdf

This thread has the information you can also supply your attorney on the proper wording that needs to be in the settlement contract.
http://www.workerscompensation.com/forum...p?tid=4757
Reply's are intended solely for informational purposes. They are based on personal opinions, experience, or research and are "not to be taken as fact or legal advice", otherwise, always consult an attorney or a doctor.
 
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#7
BBBB is right your lawyer wont like it because he doesnt get a cut of your medicare setaside but tough your well being is number one.....
........I love cats, I just cant eat a whole one by myself......







 
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