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Settlement Input Alabama - Printable Version

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Settlement Input Alabama - sharrell - 11-18-2015

I live in Alabama and here's a little back ground on my work injury. I injured my lower back at the Nursing Home I was working on November 24, 2014. The company had me file for FMLA w/corporate and put me on work comp, treating doctor placed me on light duty. Nursing Home did not offer light duty at this time. I have had physical therapy, pain meds and 3 injections with no relief, my back pain continues in addition to numbness, tingling and pain in my left leg. 
Finally, I was offered light duty in April 2015. My condition had changed/worsened and I was scheduled for final injection the same month. To top this off my employer refused to give me a schedule. I did not return to work so my work comp pay(TTD?) stopped due to RTW(returned to work?) but Medical remained open. Corporate was also confusing me with required FMLA papers to submit. I was terminated for exhausting all leave April 27,2015. Filed for Unemployment and my employer stated I voluntarily quit, I appealed and was awarded unemployment in June. In October I was sent for FCE then followed up with treating doctor on Novemeber 10, 2015 she gave me a MMI - PPI 50% paper. I am hoping for a settlement and I ran some numbers based on Alabama work comp laws. Will someone give me some in put based on what I have already shared?


RE: Settlement Input - 1171 - 11-18-2015

For unscheduled injuries benefits are paid for 300 weeks less than number of weeks for which
temporary benefits were paid. The rate of benefits is determined by multiplying the percent rating by two thirds of the average weekly wage.
the calculations and an example for determining Permanent Partial Disability payments are in the claims manual
https://labor.alabama.gov/docs/guides/wc_claimhandling.pdf


RE: Settlement Input - sharrell - 11-18-2015

Appreciate the information, if I calculated correctly I now have some idea. My first post was so lengthy and I still have more questions. Will the fact I did not RTW when offered light Duty have impact? Will the IC make a really low offer to settle and if they do are they required to settle with calculations based on the manual? Sorry for the questions. This is so very confusing. I have read many of your replies and you are very intelligent on this subject.
Thanks in advance


RE: Settlement Input Alabama - 1171 - 11-19-2015

whether you returned to work or when does not affect the rating or it's monetary calculation.
it depends on what you are settling. if its just PD the carrier cannot offer less then what your rating entitles you unless there is evidence of a lower rating. if you are settling other benefits then they may have some arguments as to what they are liable for.
what about your future treatment needs?
are all the medical bills paid?
did you get your mileage paid?
if you don't want to get an atty, have you discussed your settlement options with the ombudsman ?
they may help you make sure you are not overlooking something,
The Ombudsman toll free number is 1-800-528-5166.

I have been working with work comp laws and injured workers for a very long time. it's challenging as there are 50 different states each with their own laws.
but when someone is helped that reward is worth the effort.
be well.