Wesley M. Lawrence’s Answers

Wesley M. Lawrence

Montpelier Workers' Compensation Lawyer.

Contributor Level 8
  1. Workers comp,and third party

    Answered about 3 years ago.

    1. Wesley M. Lawrence
    2. Gerald Gregory Lutkenhaus
    2 lawyer answers

    Sounds like if you don't go after the negligent third party, the WC insurer may file suit on your behalf. The only downside of the so-called third-party claim, at least in VT, is that you may have to pay back the dollar amount of WC benefits you get from whoever caused your injury. If you recover more money from the people that caused your injury than from WC, you may be able to keep the difference. In other words if you get $5k in comp and $10k from whoever caused your injury, you may only be...

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  2. Can my home be foreclosed while i'm on workmans compensation benefits?

    Answered over 2 years ago.

    1. Wesley M. Lawrence
    2. Charles Joseph Michael Candiano
    3. Brett A. Borah
    4. Bruce Martin Broyles
    4 lawyer answers

    In my state, Vermont, for example, there is no prohibition on a bank foreclosing against a borrower collecting workers' compensation. It is a common worrry for claimants, especially when a claim is denied. Other than working with your lender, perhaps it may be possible to receive an advance of weekly benefits, i.e. permanency benefits, in a lump sum or you may consider settling the indemnity/non-medical portion of your claim if it is reasonable to do so.

    2 lawyers agreed with this answer

  3. How long should I have to wait for a doctor's appointment for worker's comp?

    Answered about 3 years ago.

    1. Christopher Gilreath
    2. Wesley M. Lawrence
    3. Judd Panzer Koenig
    3 lawyer answers

    You have an attorney, talk to him/her and ask that all avenues are pursued to get the treatment you may need.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  4. What does the defense counsel do in a workers comp case on the insurance carriers team ?

    Answered over 2 years ago.

    1. Glenn Kaplan
    2. Gerald Gregory Lutkenhaus
    3. George Ellis Corson IV
    4. Wesley M. Lawrence
    4 lawyer answers

    From a defense attorney's perspective: It means that the carrier has retained an attorney to protect its interests in a likely similar way that you hired one to protect yours. You can ask your attorney more about this. He/she may know the defense counsel and offer some insight. It is not always because the carrier doesn't trust you that it hires an attorney. Settlement issues, Medicare set-asides, adjusters working a jurisdiction their not overly familiar with, and lots of other issues...

    1 lawyer agreed with this answer

  5. I have recently been released due to mmi and they already are offering 18% voluntery tender.

    Answered about 3 years ago.

    1. Glenn Kaplan
    2. Ronald Edward Aronds
    3. Wesley M. Lawrence
    3 lawyer answers

    Do you contest that you have reached medical end result? Have you returned to work? In many states, including Vermont, you have the option to get your own rating at no cost to you. Typically, employers/carriers will not (or cannot be ordered to) pay a lump sum absent an agreement to the amount of permanency.

    1 lawyer agreed with this answer

  6. Can I legally receive workman's comp. after I retired.

    Answered about 3 years ago.

    1. Babak Nehoray
    2. Wesley M. Lawrence
    3. Gerald Gregory Lutkenhaus
    4. Andrew Steven Neuwelt
    4 lawyer answers

    If the injury arose out of and in the course of your employment, meaning you were hurt on the job before retirement, and it was reported timely (usually within a set period of time that varies by state), the fact of your retirement should not prevent you from claiming benefits, namely medical benefits. Where I would see as a challenge would be on wage loss benefits because if you're retired, you're not losing wages.

    1 lawyer agreed with this answer

  7. If I got hurt on the job and put a claim in through worker comp. Can my employer take my vacation/sick time away?

    Answered about 3 years ago.

    1. Glenn Kaplan
    2. Ronald Edward Aronds
    3. Wesley M. Lawrence
    3 lawyer answers

    In Vermont, at least, an employer cannot take any action against you for filing a claim. Here, that may translate into preventing them from taking away sick time or vacation time.

    1 lawyer agreed with this answer

  8. Been denied wc since 4/2010, judge needs to make ruling soon breifs filed on 8/2011. is lawyer entitled to 20% of interest

    Answered about 3 years ago.

    1. Robert L. Cullen
    2. Joshua B. Goldberg
    3. William E. Malone Jr.
    4. Wesley M. Lawrence
    4 lawyer answers

    In Vermont there may be a separate award to cover attorney's fees and litigation costs, so it doesn't cut into what you what you get. You will need to look at the fee agreement you entered into. Here, most claimant's attorneys take a percentage of the whole award and are not content with the separate award of fees and costs granted by the Department of Labor.

    1 lawyer agreed with this answer

  9. Can my settlement from workers comp lump sum will affect my unemployment befenits

    Answered about 3 years ago.

    1. Marilynn Mika Spencer
    2. George Ellis Corson IV
    3. Christian K. Lassen II
    4. Wesley M. Lawrence
    4 lawyer answers

    In Vermont, you cannot collect wage replacement (temporary total) and unemployment at the same time. If the settlement is a lump sum for your injury, you may be ok, but you must discuss this with your lawyer or one licensed in your state.

    1 lawyer agreed with this answer

  10. My employer terminated me for filing a claim for personal injury protection.

    Answered about 3 years ago.

    1. Anthony David Freeman
    2. Christian K. Lassen II
    3. Linda M. Shick
    4. Wesley M. Lawrence
    4 lawyer answers

    Retaliation for filing a claim may be a separate claim that can be made against an employer above and beyond WC benefits.

    1 lawyer agreed with this answer