when does the negotiating start? (Alabama

[beckyandac]

My hubby hurt his back on the job on 4/14/10, 1st back surgery 6/14/10, 2nd one 3/123/11. He was pronounced MMI on 9/27/11 and referred to PM. At which point is our attorney to get on this and get it settled like he so pretty much said it would be settled by the end of the year or be in litigation by the end of the year. So far. . . . nothing. Anyone have any ideas, opinions, advice?
Thanks

[1171]

permanent impairment benefits can be determined once there is a rating.
did the doctor do a rating?

[LeglEgl]

There is no mandatory settlement in workers comp. Benefits can be paid over a period of time up to the maximum period, based on the permanency of the disabling injury.

[beckyandac]

yes, he was rated 25% BAW as well as lifting, standing, walking and sitting restrictions.

[1171]

you need a comp hearing scheduled. this will stimulate negotiations.

[LeglEgl]

(12-05-2011 12:18 PM)beckyandac Wrote:  yes, he was rated 25% BAW as well as lifting, standing, walking and sitting restrictions.

The rating has little to do with the restrictions, although they pretty much accomplish the same thing.

In Alabama, for a PPD (permanent partial disability) the maximum number of weeks for benefits is 300. That means that 25% of the 300 weeks would limit the benefits to 75 weeks. So whatever the 66 2/3% of the AWW has been (the original TTD) would be paid over the 75 weeks.

You can find more here:

http://dir.alabama.gov/wc/benefits.aspx

As 1171 says, your attorney should schedule a hearing to negotiate a "cash buy out" of the weekly benefits. I promise you, though, any cash lump sum will be much less than the weekly $$ times the 75 weeks.