Helping my father in law...

[zanemoseley]

So my father in law had been working for 20+ years for his current employer in Tennessee, he was a salesman that drove a semi through his sales territory. He got a back injury in 2009 which was covered by workman's comp. Some of the treatment (steroid shots) induced diabetes which requiring injections of insulin. He eventually had to have surgery and is in the process of settling for his injury.

He got a lawyer but unfortunately didn't pick a good one. I guess legally since the lawyer got him to the stage of mediation with the worker's comp board he is entitled to his 20% share of what was offered even though my FIL didn't take the offer. So other lawyers won't take the case as there is little in it for them at this point. So I'm trying to help where I can to make sure he isn't getting take advantage of.

A few things seem fishy to me. First and foremost, since he has been assigned his MMI as well as permanent restrictions and been working a "light duty" job he is no longer eligible for disability benefits. But supposedly he isn't allowed to quit or he will lose the right to his settlement. Problem is they're paying him 1/3 of his previous salary and he's the only salary for the household. Basically they're bleeding dry waiting to get a court date which is likely still months away. Does this sound right?? It seems wrong for them to hold him hostage at a poor salary where he cannot provide for his family. He would like to try and get a job with another company but can't due to this clause.

His MMI really seems to be low for his level of disability. During mediation even the state comp mediator mentioned something about the MMI seeming low for a back injury/surgery case. Are there any options here besides my FIL paying for a re-evaluation by a separate neurosurgeon out of pocket?

Thanks for any advice in advance.

[1171]

yes ---he is eligible for permanent partial disability benefits.
what clause???? he can get any job within his restrictions; he doesn't need to accept only the employers restricted salary job.
if you are able to discredit the current rating he will still need a valid rating on which to base an new disability findings

[zanemoseley]

I guess I should clarify, I know of no known clause in particular he is just under the impression that he cannot quit at the current moment and seek another job until the settlement. I'm not sure if his lawyer has him believing this or what.

I need to ask him about permanent partial benefits as well.

I'm sure he would love to discredit the current rating however I'm sure it would cost a lot to get it re-evaluated and they're extremely strapped for cash as it is.

I am going to call the TN worker's comp office today and try and get some answers out of this. I will report with what I hear.

[zanemoseley]

Ok, I spoke with someone from the labor board twice today and it cleared up some things for me. I'm learning more by the day.

So he can quit and pursue other job opportunities however his lawyer is worried it would not look good in court when they go up for the settlement. If you quit you waive the right to have your settlement reconsidered. In TN with an injury like his you have 400 weeks where they cannot lay you off or fire you without cause or your settlement can be reconsidered. I see this more of a way to give a "guaranteed" job after the injury however in this case I don't see it being a huge issue because they way they're paying him currently he won't want to keep it for that long.

As for permanent partial disability benefits, the labor board told me that depending on how you choose to take these benefits you may receive weekly benefits that I assume are eventually taken out of your final settlement or you can choose to get all the benefits in the form of your settlement.

I have a feeling his lawyer chose the second option either without asking my FIL or got him to agree to it without fully explaining it because they definitely need the weekly benefits now to keep afloat. I assume the lawyer did this because it benefits him the most.

One big thing I would like to know is if you can switch over now to receive weekly benefits?? He is going to ask the lawyer Monday, I hope he doesn't feed him a load of BS.

Any help in the matter would be greatly appreciated.

[AQA]

I do not have an answer to your question, but I would like to point out an error in your thinking.

You said " In TN with an injury like his you have 400 weeks where they cannot lay you off or fire you without cause or your settlement can be reconsidered. I see this more of a way to give a "guaranteed" job after the injury however in this case I don't see it being a huge issue because they way they're paying him currently he won't want to keep it for that long. "

Just because someone has filed a claim does not mean that there is employment protection. He can still be fire for anything. Just as if he was working.

Take care

[zanemoseley]

If I understand the text, yes you can be fired with cause. They can fire you without cause however then you have the right to have your settlement reconsidered. Having a major injury does not entitle you to 400 weeks of doing what you wish at your former place of employment however you have additional recourse if layed off or fired without cause.

[AQA]

I believe we are on the same page.

I have seen and heard of employees being fire after filing a claim. The common denominator was that a cliam was filed.

Take care

[zanemoseley]

Does anyone know if you can revert back to getting the weekly benefits for permanent disability if you have previously opted to await the lump sum settlement.

[1171]

unless it was presented as a final and irrevocable decision there shouldn't be.