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Gerald Gregory Lutkenhaus
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Gerald Lutkenhaus’s Answers

2,324 total


  • I was assaulted at work. I am retired (homeland securiy-TSA). I need an attorney to win my OWCP case that has been denied 3x's

    I was assaulted by a homeless woman. It is on the Internet. I was on duty working the exit. I was on light duty.

    Gerald’s Answer

    If you were assaulted by a homeless person, then it is futile to file a personal injury action against that person since she has no assets. Most WC lawyers will not take federal WC cases. if your claim is covered by OWCP that sounds like a federal case. You can search for a federal WC lawyer in Hawaii on the interent.

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  • Should I apply for constructive dismissal, workers comp or disability?

    On medical leave due to verbal abuse and stress and harassment of manager. Just fired because I am unable to work, despite medical dr. letter giving me leave to the end of October. Many illegal practices going on at workplace. Not sure if I shoul...

    Gerald’s Answer

    Most states do not consider verbal abuse or stress as compensable under WC laws. if you were fired while under any disability, you may have a claim under the Family Medical Leave Act (FMLA) or the Americans With Disability Act (ADA). You need to contact a Wisconsin employment or wrongful discharge lawyer.

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  • Are you entitled to any compensation for a injury that occurred while working for the post office.

    I was told that you can't sue the us government. But I am unclear as to how workman comp or the possibility of a settlement works.Im not getting much information from the post office is there anything that I need to do. I should add I was still...

    Gerald’s Answer

    Many lawyers do not take Federal WC cases because the Federal Government does not "settle" cases. Also, the claimant has to pay the lawyer. You can google for WC lawyers and try to find one that way.

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  • How much is my case worth

    the DDD degenerative disc disease and c spin nerroring a bulging disc in the back

    Gerald’s Answer

    The problems you mention are part of the aging process. They are not caused by an injury. They can be "aggravated" by an injury and thus they can be compensable. You did not indicate if you have an accepted claim. If you do have a WC claim that has been accepted, then make an appointment with a lawyer in your area for a free consultation. You can use the AVVO Find a Lawyer Tool to find one in Denver. A settlement is based on what the insurance company might have to pay in the future for future medical expenses and future lost wages and perhaps any permanent injury.

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  • One more time....NOT a workers comp claim although I fell at work. There a gas line under the parking garage lot.

    I'll send pictures.

    Gerald’s Answer

    • Selected as best answer

    If you fell at work due to a risk of the work place, then it is a workers' compensation claim. Your employer can defeat any personal injury claim by claiming that type of claim is barred because it is a workers' compensation claim. You are not allowed to file a personal injury claim for a workers' compensation injury unless you can show some third party (not connected to your employer) caused your injury. You can run this by a personal injury lawyer in Centreville, VA or a a workers' compensation lawyer. You can use the AVVO Find a Lawyer Tool to find one in your area. You should be able to get a free consultation.

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  • My case has reached MMI status. I am asking for compromise and release but is being ignored by the insurance company.

    My case has reached MMI status. I have asked for compromise and release from the insurance company but they ignores me. I had slip and fall last year and was diagnosed with head and neck contusion and a thoracic/lumbosacral contusion and acute lum...

    Gerald’s Answer

    The insurance company will only "settle" if it is in their best interests. So, if you are at MMI and not incurring medical expenses then having a lifetime medical award for your head, neck, and back may not be causing the insurance company any costs. If you are no longer treating then this is often the case. In that type of circumstance (no incurring ongoing medical expenses) the insurance company may not be willing to pay much to "settle" your case. You may want to talk to an experienced WC Lawyer about your situation. You can use the AVVO Find A Lawyer Tool. Most lawyers will give you a free consultation.

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  • Do I need to contact a workers comp attorney?

    I work at a furniture store that is like a warehouse. A stray cat had gotten in and while I was working (fixing a chair leg) the cat attacked me by bitting and scratching me. I went to the E.R. the next day because my hand hurt so bad and ended up...

    Gerald’s Answer

    As a Virginia Workers Compensation lawyer, I can tell you the issue may be whether you were exposed to a risk of the employment. Or, were you exposed to a risk the public is equally exposed to. If the employer knew the car was in the building and did nothing about it then I think you could argue you were exposed to this "risk" due to the employer's neglect. You can consult a WC lawyer. You indicate you on an anti infection antibiotic for 3 days but it did nothing. Usually, this kind of infection clears up within a few days after being put on antibiotics. If it does it may not be a "big" enough claim for a lawyer to take your case. However, you should talk to a lawyer anyway.

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  • How Do I claim Ssi for my kids

    My kids Grandfather died and my kids father receives ssi and now he tells me I can receive it to

    Gerald’s Answer

    I Agee. If the father gets SSI you cannot receive this unless you are disabled. Your kids cannot get SSI unless they are disabled.

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  • Can I be terminated for becoming temporary disabled at a company I worked for.

    I got injured my shoulder at the company that I worked for I had to have surgery and was placed on temporary disability, shortly after I returned to work under Doctors care and partly disability. lite duty I was terminated for working to slow.

    Gerald’s Answer

    Yes you probably can be terminated. However, you may have remedies. If you were terminated from a light duty job, then you can apply to be put back on temporary total disability (TTD). You would have to show (1) you are still on light duty due to your injury at work and (2) you have looked for light duty work under your work restrictions and have not been able to find work commensurate with your pre-injury salary. You may also be able to file for unemployment compensation. It is also possible if your company is large enough that the company may have violated the Americans with Disabilities Act (ADA). In summary, you need to speak to an attorney immediately preferably someone who does both Virginia WC law and Virginia employment law. You can use the AVVO Find a Lawyer Tool to find a high-rated lawyer in Lynchurg, Virginia in each of these categories.

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  • Do I have a case?

    I am a handicapped person on disability for fibromyalgia and chronic fatigue syndrome.  As part of my therapy, I go to a fitness center to do water exercise. On Friday evening, August 7, 2015, I went to the gym for this reason.  After my water...

    Gerald’s Answer

    You have a difficult situation. You already suffered from fibromyalgia (which basically is pain without a diagnosis). You now claim you have additional aches. However, you indicate "it did not appear that I had any injuries needing me to go to the hospital" after this accident. Your only recourse is to get checked out immediately to see if you in fact do have any injuries from this August 7, 2015 incident (separate and apart from your fibromyalgia). If so, then you can talk to a personal injury lawyer about a possible claim against the fitness center. However, if you only have temporary bumps and bruises I don't think it will be worthwhile pursuing.

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