Skip to main content
Gerald Gregory Lutkenhaus
Avvo
Pro

Gerald Lutkenhaus’s Answers

2,233 total


  • Questioning myself about workers comp attorney choice

    December shoulder injury. Doc calls it tendenitis, Wants a c spine mri due to numbness down arm. The adjuster then denies the next 2 requests from the doctor stating that they are not covering my neck. My doctor since then has done nothing. Hired ...

    Gerald’s Answer

    It sounds like the insurance company accepted an "arm" injury. After "numbness" is discovered, the doctor suspects a "neck" injury. it is very common for the insurer to refuse additional claims after the first injury is accepted. The insurer will probably now only accept it if goes before the tribunal and it is litigated (like your attorney says) and you win. Talk to your attorney about the chances of winning the "neck" claim. If your attorney is not experienced, then you may need another lawyer.

    See question 
  • Will the work comp insurance company be entitled to a repayment if I don't claim their disability to SSA?

    I have a new disability which is bad enough on it's own to cause me to be disabled, along with preexisting work comp injuries. If I apply for SSA disability and only use the new and unrelated disability, will this exclude the work comp disability...

    Gerald’s Answer

    If you qualify for Social Security Disability, the SSA payments may be reduced by any WC payments. If you apply for SSA disability, your entire medical condition will be considered and it would be a mistake to not claim every conceivable disability when you apply for SSA disability. If you qualify for SSA disability, Medicare does not start until 29 months after the date SSA says you are disabled (there is a 5 month waiting period for monetary benefits after the date you SSA says you are disabled.

    See question 
  • What can I do legally? (employer negligence)

    I was injured at work months ago. I've had to have therapy, surgery and now more therapy. My doctor submitted a form to employer stating things I could do (including using injured body part), when returning to work. The date of this note was a mon...

    Gerald’s Answer

    1. Employers often force employees to work beyond work restrictions;
    2. File claim immediately with Virginia Workers Compensation Commission 1-877-664-2566;
    3. Contact a WC lawyer for assistance; and
    4. Contact an employment lawyer for possible violations of the Americans with Disabilities Act.

    See question 
  • Which would be the correct route SSI or SSDI?

    27year old friend diagnosed with epilepsy Grand Mal seizures in which he started having at 14, he has attempted to work several jobs over the years but has been getting released from some positions due to the days missed from his condition. He has...

    Gerald’s Answer

    You can file for both. If the seizures are not controlled by medication, then you should have a good shot at getting SSI and SSDI. If you are being denied, then SSA must think your seizures are under control. The question is do you have medical evidence that shows your friend's seizures are not under control with medication. I am a Virginia disability lawyer you can contact me or a fellow Social Security lawyer to review your situation.

    See question 
  • Can my attorney double dip his 20% from short term disability and workers comp. if it was overpaid?

    I am currently on short term disability from a work related injury. I am trying to get workers comp. reinstated to pay for an mri and physical therapy. if workers comp kicks back in and overpays what short term disability already paid, can my att...

    Gerald’s Answer

    I agree. Review your retainer agreement. Also, talk to the lawyer.

    See question 
  • What should I tell a potential new employer about my workers comp claim

    I filed a workers comp claim for carpel tunnel last year, had surgery,got a small settlement,had to resign from my job. Now I am looking for a new job. Should I tell potential employers about my claim? Can my previous employer tell them about m...

    Gerald’s Answer

    If you "want" a new job don't volunteer this information. On the other hand you should lie if directly asked about it.

    See question 
  • My employer agreed to handle my wc claim but I waited a long time to decide, wc claim is still open, can I accept it now

    in Sept 2014, my employer's atty. agreed to my wc claim. I did receive an "acceptance letter". I spent a lot of time deciding whether to go forward with my claim or not. the reason I needed to address this is because I live in an "at-will" state,...

    Gerald’s Answer

    If your injury is significant you may want to pursue this. On the other hand if your injury is not significant then you may want to work this out to keep your job. Unfortunately, employers seem to find a legal way to fire people who have been injured on their jobs. You also may want a Layer.

    See question 
  • Once workers comp settlements are deposited into savings account can it be levied on?

    Should account be in childrens, names so it cldn't be levied on?

    Gerald’s Answer

    You should talk to a creditors rights attorney. Normally workers compensation proceeds are protected by law. The issue you have is whether they are still protected after deposit. Talk to an attorney about this as soon as possible.

    See question 
  • Iam looking for a experienced federal workmans comp attorney. Anyone out there?

    I'm in Utah and need help with federal workers comp. My case is very complex. I need to find a attorney that knows about this as it is not the same as the state workmans comp.

    Gerald’s Answer

    You may need to look in the Washington DC area. You may not be able to find anyone in Utah who does federal workers compensation cases. Try the AVVO attorney tool finder.

    See question 
  • Am I eligible for medicare and social security tax exemption?

    I came to usa on F-1 visa and graduated from dental school in may 2014 .I am on OPT period and working as a dentist since july 2014.I do have my employement authorization card.

    Gerald’s Answer

    I agree this is not a social security issue.

    See question