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PA WC Settlement
#1
Good Afternoon Everyone! I am new to this forum and have a few questions that hopefully some one can answer. Thanking you in advance for your opinions, wisdom and facts.

I was an appointed secretary for a small township in rural PA. While moping the twp. building with an industrial mop and bucket, I herniated both the L4-5 discs in my back. Opting not to have surgery right away, I began physical therapy, pain management to no avail. Sad and continued to work at my job which was very hard to do. Knowing these remedies did not help, I did go under the knife on April 2, 2010 and came out worse. Sad I still have the same symptoms (no feeling in my right calf, foot and toes) and pain from sitting or standing too long ( on a scale of 1-10, my pain daily is 7-8) I am on Oxycodone/Ancitophediame 10/650, 1 4 times a day.

Questions:

1. In May of 2010 ( only a month after my surgery) I received a registered letter from the township asking what my intentions were as far as returning to work. If I didn't respond within a month, it would be assumed that I was not returning to my job and that would be placed in my permenent file. At that point I did retain a lawyer, who wrote the Supervisors back stating that I am recovering from surgery and do not know when I will be released back to work. They have replaced me since then, so therefore, I have no job. Are they allowed to do this by law?

2. Three weeks after the surgery, my doctor left that hospital leaving me without a specialist and replacing him with a PA. I was not comfortable with this change, so I just began to see my family physician. He did recommend an orthopedic doctor in Pittsburgh (4 hr drive for me). I did see him and he recommended I have an EMG. So I did. The EMG showed that even after the surgery, I still have moderate compression on the nerve root which accounts for increased pain and numbness to the right calf, foot and toes. What a bummer! I don't intend to have my back sliced open again, and have resigned myself to the fact that either I live with this issue or hopefully in time, it will heal itself. With that decision made, I asked my lawyer to start the process of settling this issue. Once he sent the demand letter of $150k, I was then summoned by WC to have a FCE and an IME. The FCE came back that I cannot do my current job without certain restrictions. I don't know what the IME said, but I suspect after only seeing this Doctor a total of 9 minutes (I sat 25 minutes waiting for him in the exam room) he is going to submit to WC that I am doing just fine, etc. I did a doctor search on him and he was rated with 2 whole stars. I can see why. At any rate, knowing that there isn't a specific formula for settlement in PA, I would like anyone reading this to give me a ball park figure of what I can expect to actually receive from the IC? I would like to receive enough to pay off some bills and go back to school and start a home business. I am only 51 yrs old and feel I have a few good years left before retirement. I quite frankly am bored and depressed. I have never not worked. If I had my own business at home, I can work when the pain isn't so bad or if it does get bad, I can just leave it until the pain subsides.

Sorry this was lengthy and hoping to hears some wisdom from all of you

Thanks

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#2
i assume your employment is covered by the Family a & Medical Leave Act.
It gives you 12 weeks of job protection after which you can be terminated.
more here
http://www.dol.gov/whd/fmla/index.htm
if you have a union then you should contact them about additional employment entitlements

to give you some idea as to what your claim is worth you should become familiar with wage-loss benefits.
more here
http://www.portal.state.pa.us/portal/ser...715&mode=2
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#3
1171 -- Thank you for responding. I am way past the 12 week protection from the FMLA even though they replaced me within 5 weeks of my surgery. No Union - no job protection.

I am receiving wages loss benefits in the amount of $1672.00 per month. ($418.00 per week) I have only been receiving checks since April of 2010. I haven't even reached the 104 weeks of wage/loss benefits even though the injury occurred on July 31, 2009.
 
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#4
if you want to negotiate a buyout or settlement from the carrier you'll have to offer them something lower then what they estimate they would ordinarily have to pay.
the key therefore is calculating what they are likely to have to pay over the life of your claim. there are no set formulas as every case is different.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#5
Hi everyone. I have just been given my mmi and I'm from Tenn I am trying to calculate a settlement rate but cant fine the formula? I have been told they will use 450 wks and I have been recieving weekly cks for 800.00 my mmi is 2 what does all that mean ?? can someone help me ??
 
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#6
(07-28-2015, 11:49 AM)lirae Wrote: Hi everyone. I have just been given my mmi and I'm from Tenn I am trying to calculate a settlement rate but cant fine the formula? I have been told they will use 450 wks and I have been recieving weekly cks for 800.00  my mmi is 2 what does all that mean ?? can someone help me ??

this is a 4 year old post about Pennsylvania benefits.
you should start a new thread to make it easier for others to find help.
the NEW THREAD link is at the bottom right of the Injured worker forum page
http://www.workerscompensation.com/forum....php?fid=4

MMI means Maximum Medical Improvement. I think you are referring to your rating.
generally your percentage is multiplied by the number of weeks allowed for your impairment.
in your case it could be .02 x 450= 9 weeks.
I believe Tennessee has additional factors as well that could increase or decrease the final disability amount.
you might find more help here
http://www.tn.gov/workforce/section/employees
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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