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after impairment rating questions
#1
I live in PA. I got hit in the head 6 years ago. I had an impairment rating done awhile ago and it was below 50% by their doctor (a neurologist). I paid for an impairment rating and the doctor I went to gave me over 50% but they are saying my doctor wasn't a neurologist so it won't stand up in court. So, I only have 500 weeks of pay coming. My lawyer says it's 500 weeks from the time of the impairment rating. My son read the paper from the insurance company and he thinks the paper means 500 weeks total from the time I got hurt. Can anyone help me? I am about ready to fire my lawyer anyway because I don't think he is doing a good job and half the time I don't think he knows what he's talking about but he's with one of the best firms in our area.
Another question, if I do fire him, will he still get 20% of my workman's comp plus will I have to give the new lawyer 20% or how does that work? My son comes up with these questions to ask because he thinks you all can help. So thanks in advance for your help.
 
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#2
before you fire him talk to Timothy belt on here from Pa he is a lawyer there......
........I love cats, I just cant eat a whole one by myself......







 
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#3
On the off chance that Tim Belt doesn't see this you can always PM him. I am also from PA> The 500 weeks is from the time of the impairment rating. I don't know how old you are but that is 10 years, at that point would your SS kick in or do you have a personal pension from your job? I'm not sure why you think your attorney isn't acting in your behalf. If you fire him , make sure you have another attorney who will take your case. The two will share the 20%. You can also settle you claim for a lump sum if you and the IC are willing. That's the route I took because I wanted to be free. I could have collected for ten years also BUT didn;'t want the WC system in my life anymore. I now collect disability from a pension I paid into for 20 years and will, God willing, get SSD> There are a couple of options here. I find attorneys, especially busy ones, don't return calls and are not great at explaining things. Have you told him how you feel? If not I would schedule a sit down face to face with you and him. Best of luck.
 
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#4
If you fire the attorney, they get paid for everything have done for you and your case up to the point you fire them. Then your new attorney, will work out the arrangements with the old attorney, to make sure they do get paid, and the new attorney then gets 20%. The thing is, will there be enough money in the 20% now, for you to hire a new attorney? Might make it hard to find one if you know what I mean. 500 weeks, is just under 10 years of payment. It just might be the max payable amount you can be offered in your State.
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
Your Attorney is Correct, it's 500 Weeks from the Date of the IRE Evaluation, when the Ins. Co. Petitioned the Court, for a Change in Your Injury Status from TTD, (Total Temporary Disability), to PTD, (Partial Temporary Disability). It's not from the Judges Decision Date, but Rather from the Date of the Exam. What I don't Understand is: Who made the Decision not to Enter Your Dr.'s Medical Rating into Evidence, and Why didn't Your Attorney File a Petition to Review Medical Evidence, or did they? Over 50% in Pa. is Very Rare, but with a Bit Of Work from Your Attorney, You May have been able to get a Higher Rating, unless they felt that You were being Treated Fairly. Also, if You could, when was Your Rating Done? If After 104 Weeks of TTD the Ins. Co. sends You for an IRE withing 60 Days of the 104 Weeks, the change from Total to 500 Weeks Partial is Basically Automatic if Not Appealed, but if was After the 60 Day Window, the Employer Bears the Burden to Prove if the IRE is Needed and Jobs are Available and Attainable, and the Judge has to Decide on whether You are to Go, Unless You go of Your Own Will, and Don't Appeal the IRE Exam. It's Pretty Complicated Here in Pa., but this should give You a General Idea, and if I Missed anything, Either Mr. Belt or Your Attorney can Correct Me! Feel Free to Print this Reply and Ask Your Attorney about this, but I Fear Too Much Time has gone by to Appeal. My Very Best to You, and Welcome to the Forum!!Wink
 
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