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01-15-2009, 01:50 PM

Broke foot in July Jones Fracture, 5th Metatarsal, I live in Ohio.

I saw my doctor yesterday the Orthopedic Surgeon, the 5th Metatarsal bone has finally begun to heal, In Nov I was at 40% and after being off my feet for 7 wks, yesterday I have finally healed to 90%. My doctor said; now understand you will have a lot of pain as the bone fracture in right foot and sprain left foot continues to heal, both should be fully healed by this time next year. I was released without restrictions. YEA!!!

Monday I rec'd a letter stating that wc wants me to go to their wc doctor with my x-rays in hand, to decide if I will get PT and insoles. I will be going to see him on Jan 26th.

This is where my attorney will have to fight to make sure I get the PT and insoles, and other benefits that I might be entitled to.

I have been off of work since Nov 28th, with no pay. I lost my job through a temp service, which I had been working with since June 2007. My manager at the job said I could come back and she would hold my job, but when I contacted her, she was very cold and distant and said the assignment has ended as of Dec 31st. I was not fired they just ended the assignment. I was a faithful worker and broke my foot doing a job for her.

I have made a decision not to work for any more Temp Services and will try to find permanent work. We all know how hard jobs are to come by these days.

Question 1: Now that I have been released without restrictions, am I clear to sign up for unemployment now, even though my attorney is still fighting for PT, insoles? will this affect any back pay from wc, to date I have not rec'd any checks from anyone. I called my attorney, haven't heard back from her, she is so slow, but I like her.

Question 2: I was off of work for 2 wks in July; I think I had to wait 14 days to get compensation. If you are off again for same injury is it a 7 day waiting period after receiving the C-84 form? wc only received it yesterday. I told my doctor about wc not receiving the C-84 form, turned out Medical Records hadn't released it yet. "So I had no check because the file was just sitting on someones desk for 7 wks." PLEASE!!

Question3: What is the waiting period for an add on? my left sprain foot that I developed while wearing the air cast boot on right.

I am not bitter; I have come through this stronger and wiser, with the help of my friends on this website. Everyone must look out for themselves and fight for their bodies and their rights.

1171 · 01-15-2009, 02:17 PM

1. Yes you can receive unemployment even though workers comp is still being asked to provide treatment.
2. Future unemployment benefits will not affect prior request for retroactive workers comp disability payments
3. there is a single waiting period for each injury under workers compensation.
4. a single injury to multiple body parts has one waiting period.

***kate*** · 01-15-2009, 11:09 PM

1171, you said "3. there is a single waiting period for each injury under workers compensation."

I don't know much about Ohio law and I know you are expert in CA.

Is that true for Ohio. Because in FL the waiting period is at the initiation of the claim and any subsequent injuries, the waiting period does not apply. Just curious.

Thanks

1171 · (This post was last modified: 01-16-2009 04:06 AM by 1171.)

Kate: are you saying florida only charges each worker only one waiting period and every injury after their first it's waived?

does the state keep such accurate records that they won't charge a waiting period even 50 or 60 yrs later?

P.S. an injury is an event not a body part.

jayne · 01-16-2009, 09:05 AM

uh oh now do you understand the thump thump Kate?

***kate*** · 01-16-2009, 05:56 PM

1171 Wrote:Kate: are you saying florida only charges each worker only one waiting period and every injury after their first it's waived?

does the state keep such accurate records that they won't charge a waiting period even 50 or 60 yrs later?

P.S. an injury is an event not a body part.

I was not referring to additional injuries that are a new and separate event. I was referring to the question "Question3: What is the waiting period for an add on? my left sprain foot that I developed while wearing the air cast boot on right."

In Florida, the left foot sprain would still be considered part of the original claim since it was caused by the original injury. There would not be an additional waiting period in that case. Certainly for a new injury there would be.

And no, in Florida they don't keep such accurate records. We're lucky they keep any at all... Smile

1171 · (This post was last modified: 01-16-2009 06:41 PM by 1171.)

any conditions, consequences, effects, ect. are still considered part of the original injury and therefore one waiting period.
i don't see anything in Ohio law that has changed that.

01-16-2009, 07:58 PM

Thanks everyone for your comments

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