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Quick question from south dakota - Dontworryaboutit - 03-14-2017

Will the weekly payments my wife is receiving from w/c be taken out of her settlement?  We are in soith dakota


RE: Quick question from south dakota - 1171 - 03-14-2017

it depends on the type of benefit she is receiving .
temporary partial or temporary total is not deducted from permanent partial or permanent total unless there is an overpayment.
permanent partial and permanent total payments are considered "additional" compensation and those payments are usually considered settlement amounts.
those would be deducted.
more on comp in south dakota here
http://dlr.sd.gov/workers_compensation/default.aspx


RE: Quick question from south dakota - Dontworryaboutit - 03-15-2017

How do we know which she is receiving. She has been on work comp for 2.5yrs now.


RE: Quick question from south dakota - 1171 - 03-15-2017

She can ask them or look at any paperwork she has received.
Sometimes there is a notation on the check.

You are welcome. Hope that information was helpful.


RE: Quick question from south dakota - Dontworryaboutit - 03-18-2017

Ok she is getting temp total. So were good for now. We are nervous because we are planners, and we are nervoise that work comp and the drs doing the rating wont do right by us since she is unable to do any work according to the FCE any thoughts?


RE: Quick question from south dakota - Dontworryaboutit - 03-18-2017

We know we are not going to get rich but if she wouldn't have been injured by the Dr we wouldnt have to rely on a settlement to replace a lifetime of wages.....Damn


RE: Quick question from south dakota - 1171 - 03-18-2017

I don't know any thing about her disability payments.

When she is at maximum medical improvement, She will be expected to return to some work. I doubt she'll be rated as permanent total. Permanent partial is for a fixed amount of time depending on the rating and won,t be enough to live on --- just offset the reduced salary as she starts a new occupation.There are lots of jobs considered "sedentary" .
Before the court approves any finalization they make sure the rating conforms to the medical records and the rating guidelines; a doctor cannot just make up any kind of rating.

If you have evidence of bad treatment by the doctors, take it to a malpractice lawyer; comp is not going to cover a claim for medical malpractice.

I'm sure after 2 half year she realizes comp is not health insurance. It's also not SSDI ( I assume she filed for SSDI?). Don,t make too many assumptions.
She has already received the bulk of her benefits with all the treatment and TD payments. Workers comp is not required to make her whole. It is no fault insurance where both the employer and employee share the costs of the injury.

Many say they know they won,t get rich but they know very little about ppd payments and over estimate.
100 weeks? 200, 300? Less? No way to tell until a rating is done.

Does she have an atty?
If "they don't do right" she'll have to take her evidence to court.


RE: Quick question from south dakota - Dontworryaboutit - 03-19-2017

Yes we do have an attorney.  The ppl doing the FCE made it seem that she only has 10% use of her hand.  It just makes us nervous because she now has to have a hearing for disability.  It seems like the ssdi ppl didnt read any of her medical records or any of the letters of support from her drs.  

Its drives us crazy that nobody takes responsibility for injurying her.  Malpractice was a no go because the anesthesiologist that hurt her didnt write down notes about what happened and agrhhh


RE: Quick question from south dakota - 1171 - 03-19-2017

The SSDI decision can be appealed.
An FCE is a test; it is not a physician's impairment rating.
Your wife should not put too Much stock in it as far as future disability payments.
Workers comp is "no fault"; both the employer and employee are responsible.