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hearing settlement court day
#1
I was injured my self 2011,i had two back surgery ,many physical therapy and i am still in pain mostly in my left leg.I am taking 11 different medicine because now i have also depression mostly because i can not do nothing like before injure.I have permanent restrictions no more than 10 Lb minimum standing ,kneeling squatting ,banding every couple hours get up and walk/stretch.They send my back to job with restriction a year ago.When i come that day everybody was surprised i am back because manager did not tell that i am coming back to job.I could not sign in because i was too long off and i am not any more in company list(two days before i spoke with manager and i told him i am coming back with restrictions),they put me on work place where is not sitting positions and banding every five to ten minutes.After three hours my pain was very bad and i told them that i can not work this job and went to home .I left  DR note that he wrote if i feel bad pain i should go home and call him.Company stopped same week to send me checks.Reason i do not know because my lawyer never explain why this is my second lawyer and i feel that he  is not working for me.I decide stay with him but i told him i like  to go on court.One month ago he send me letter that we will have court day when is judge decide settlement day.Still i am waiting that he will tell me tame. I forget to tell that company offer me some fanny money and i cant take that (they call that 35% loss of use of the MAW ,anybody can explain me what is that) because i am  finish  my working (i am  52 years old) I am lost ,is it  better for me to go on court (some friends told me that company should pay me all years until my retirement becuse i can not work anymore),PLEASE somebody answer me what i can expect from judge?????  Sad
 
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#2
2015 can you please write what state you are from because every state has different laws?

In my state (California) if you leave work due to increase in pain we have to go to the doctor and then he will write a off work note. Did you go back to your doctor since you left your job?
I am not an attorney.Anything I write should not be considered legal advice.I am writing from my own personal experiences,which is not from any sort of legal background. You should consult with an attorney over legal issues. In California, if you cannot get an attorney you can consult with an I&A officer.
 
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#3
the judges decision on your impairment and how much disability you are entitled to will depend on the the evidence.
no one here has seen the evidence. your atty has and can give you an idea.
you should apply for social security disability insurance.
you can apply on line here
http://www.ssa.gov/disabilityssi/apply.html
some states have different methods of calculating your disability. loss of use is one way of figuring out how much your injury has permanently disabled you and what the carrier has to pay.
your state has a website that will explain how the work comp benefits are calculated.
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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#4
(10-05-2015, 10:48 AM)California_Help Wrote: 2015 can you please write what state you are from because every state has different laws?

In my state (California) if you leave work due to increase in pain we have to go to the doctor and then he will write a off work note. Did you go back to your doctor since you left your job?

I am in ILLINOIS ,yes i went to see my Dr next day and he put me off from work because company did not find me positions with my restrictions and i still go every month to see him. Dr told me that company have to find me positions with restrictions so until they do that i am off from work. My big problems is they do not pay me from that day.My lawyer is not fight for me and last time i talked with his coworker because he was not at office when i finish call accidentally on my phone came text between him and his coworker.text was:She is nuts.Please settle this dog,and his coworker write: i was on the phone with her for 20 minutes that is how my lawyer call me.I could not believe that happen to me ..... After that i send text to him that i like talk in the front judge but i do not know is she/he let me talk? Thank you for you reply and if you know anything that help me please write.
 
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#5
your lawyer wants to settle the claim without going to court.
if you want to talk to the judge and not settle before then, you should find another lawyer who will do that.
talk to a number of different lawyers and make sure your new lawyer will do that for you.

for more information about comp benefits in Illinois read the handbook:
http://www.iwcc.il.gov/handbook.htm
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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#6
(10-05-2015, 11:20 AM)1171 Wrote: the judges decision on your impairment and how much disability you are entitled to will depend on the the evidence.
no one here has seen the evidence. your atty has and can give you an idea.
you should apply for social security disability insurance.
you can apply on line here
http://www.ssa.gov/disabilityssi/apply.html
some states have different methods of calculating your disability. loss of use is one way of figuring out how much your injury has permanently disabled you and what the carrier has to pay.
your state has a website that will explain how the work comp benefits are calculated.

I have evidence before first surgery was one bulge disc in lower back .but after second surgery and MRI i have one more disc bulge and scare tissue between two disc ,my Dr and company Dr ask for another MRI and FCE test but they never approved . It is fanny that my lawyer told me i do not need that,but FCE test will say how much and what i can do.I had five epidural injections ,did not help and now i have allergic reaction.Suddenly now i have fluid in my body (taking waters pills ) two months ago i was in emergence room because my foot had very bad swelling , they did all test but nothing they did not find i am not Dr but only i have all this problem after injure . All visit for depression,my foot i use my insurence, when i ask my lawyer can he do something about that bill (my husband insurance deductible is 3000.00 $ so we paid from our packet) he told me you injured back nothing else i stop ask him for anything else and i just believe that judge fin my favorite . Thanks for your replies if you know anything else that can help me please reply ..............................................
 
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#7
you can change doctors. contact the carrier with the name of your new doctor.
look in the handbook from the link I gave you about how to change doctors.
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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