You indicate you are on long term disability (LTD) benefits. However, you want to come back to work. You should be careful about this. Your wish to return to work is praiseworthy; however, a return to work may terminate your LTD benefits. You did not indicate if you were also on Social Security Disability. If so, you can do a Trial Work Period if you are on Social Security without jeopardizing those benefits. Social Security will disregard income due to a return to work for 9 months. But again,...
This is a tough issue. I have practiced Virginia Workers Compensation law for 35 years. I have never seen this issue. I have seen cases where the claimant's blood pressure spikes due to the work injury. You indicated you were pre-diabetic at the time of the injury. Due to this, the WC insurance company will fight you very hard on this issue. They will claim you already had the diabetes. If you have a doctor who is a diabetic specialist, this would
If you are on temporary total disability due to a work injury at work in Virginia and you also have a disability due to an unrelated problem, this could present a problem. The insurer if it knows of your disability due to an unrelated condition may "suspend" your temporary total disability payments due to this unrelated disability. So, I would not go out of my way to tell the carrier of the unrelated disability. However, if this condition is just a problem but is not disabling then hopefully...
Yes, your situation is complicated. I understand you have a WC injury, SS disability, LTD, and ADA claims. You wonder if you can force your employer to accommodate your disability and return you to your employment. I don't specialize in the ADA but it is my understanding if you can do your old job with "reasonable accommodations" then one can require these under the ADA. You would have to talk to an attorney who specializes in the ADA or you can contact the Equal Employment Opportunity Commission.
You list three reasons your claim was denied: (1) inconsistent story; (2) safety violation; and (3) the going and coming rule. If you were at work when the injury occurred, then it not occur going to and from work. In order to evaluate inconsistencies in your story one would have to have a copy of the verbal account, the written account, and any histories you gave doctors or recorded histories you gave insurance adjusters. If a safety violation is alleged, then one would need to know the...
I agree with my Mr. Brophy. A personal injury claim does not affect your receipt of Social Security Disability benefits. However, if Medicare has paid your medical expenses for this injury you probably have to reimburse Medicare out of the proceeds of any settlement.
As the other attorney says if he is not getting Social Security there is nothing to pursue. If he stays overseas and earns his money overseas, you may have trouble pursuing him. You can check with a domestic lawyer in Richmond, Virginia.
From the meager facts you are providing, it looks like you are getting disability due an impaired mental condition. Also, the pschologist determined due to this impaired mental condtion you could not manage your money and that is why you have a payee. If you now show you no longer have such an impaired mental condtion and can manage your money you also run the risk of showing Social Security you are no longer "disabled" and thus no longer in need of the money.
How it happened,
Was it an accident,
Prior accidents and injuries,
Prior medical care,
Witnesses to the accident,
Reporting the accident,
Disabilities due to the accident,
Your recorded statement given the insurer,
Crimes, felonies, and misdeanors you have committed, etc.
Your claim was denied so if you have a lawyer he/she will have found out why the claim was denied and have properly prepared you. This is done through "discovery" which your...
I don't practice WC law in your state. I have practiced WC law in Virginia for 35 years. You should definitely appeal the denial and talk to a WC lawyer in your state. You have not given much information but it appears the claim is being denied due to the diagnosis of arthritis, a pre-existing condition. However, if the tear you suffered was due to the accident and not the arthritis then you should have a good claim. You probably need a medical opinion from your doctor addressing this issue.