Benefit Review Today any Advice

[debysu47]

My state is TN. I have a benefit review today, am nervous about it. I was given a 15% impairment for multiple cervical disc herniation, but have previous disc fusion that was not workers comp which rated at 25%, added together 39% impairment but just 15 for this injury. Not sure how a settlement will be figured for this. I have been laid off from work since Aug 07/06. I had a fce done and cannot return to regular job which is production work and in the sedentary to light category for lifting. Does anyone know what this may mean for a settlement and how long does it take to get your money if an agreement is reached? Thanks

[Guest]

I dont have an answer for you, but wanted to wish you the best of luck!

[punk]

Of course, each and every case is as individual as is the individual itself so there isn't really any way that we can tell you how it will all come into play. I do feel fairly certain that WC doesn't care about your previous injury/surgery since it's not work related, therefore it may not affect things come settlement time. WC concentrates on this injury only, nothing else. Although, the FCE determines what you can and can not do at this very point in time. So, I would guess that WC will take the level of work received from the FCE and break it down from what you were doing. See what I mean? They'll split a hair 12 different ways if they think it will benefit them in the least!! I'm sure you've figured this out long ago, right? LOL Anyway, they'll have to do a loss of earnings assessment and labor market researches...these are usually done by a voc rehab counselor. Has a voc counselor been appointed to your case? If not, that might be something that comes of this hearing today. The hearing today is to review benefits that you 'qualify' for or that you are owed. I don't think today will be a settlement day, I could be wrong, but I believe a lot of other things need to be done before one could settle.
Do you have an attorney? If so, ask him about Vocational Rehabilitation Services offered by the Work Comp Court in your state. If you don't have an attorney I would take the opportunity to ask for voc services AND now would be a good time to be thinking about securing legal representation. Find several WC specific attorneys in your area, make a list of questions to ask and interview them. Then, based on what you learned and how you interacted with them make the decision on which one to hire if you feel you need their expertise. Securing legal representation is a personal thing, if you feel you may need someone looking out for your interests in a way that you can not then I would suggest hiring one. If you don't, at least you've asked some pertinent questions to help you along the way, and it's free. Most WC attorneys will consult for free and will not ask for a retainer fee or anything like that. They usually work on the premise that if you don't win, they don't get paid. They will say something like, "If you win I get 1/3 of your settlement and fees." There are legal limits as to what they can take from you and the judge that approves or denies your settlement will see what they (the attorney) is asking for and will either approve it or deny it and give them the state's legal maximum if what they are asking for is above and beyond that.
There are many things that could be up for review today. I wouldn't have a clue as to what they are, sorry. However, are they or have they paid you any benefits besides medical? If not, that could be one thing they review and possibly grant you some back pay of sorts. I don't know.
As always, we don't give professional advice here...rather we give you our best opinion only. I know it's late in the day, and I'm sorry I wasn't around earlier, but hopefully this will help some. Welcome to the forum, I hope you find it helpful in many different ways! Feel free to pop on and ask questions, vent, tell a funny or give someone your opinion from what you've learned throughout your process of dealing with WC. Have a good one............good luck!!