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Gerald Gregory Lutkenhaus
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Gerald Lutkenhaus’s Answers

2,228 total


  • Was this right?

    My workers' comp lawyer did not front the cost and pay for a questionnaire from my treating physician because he was worried it would not be supportive. I didn't have the money for it. Should I file a grievance?

    Gerald’s Answer

    The standard attorney fee agreement requires the client to pay costs. Your attorney could choose to "advance" costs but unless your contract says different he/she is not required to do so. You indicate your attorney refused to advance costs in your case because the attorney did not feel the doctor would be "supportive" in your case. The attorney is not required to take this gamble. If the attorney gave you the opportunity and you refused then that is your choice.

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  • I got hurt on the job 10 weeks ago and workers comp has not processed my claim yet and i'm not working

    every time I call the adjuster says she has not got to it yet. I have been out of work for 10 weeks with out pay. what should I do?

    Gerald’s Answer

    The key is has a doctor taken you out of work. If the doctor has you on light duty, you may need to do a light duty job search. Contact an experienced workers compensation lawyer for further advice. As others have said, file a claim with the Commission with your medical records "taking you out of work for this injury" immediately.

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  • Helppp!!! Workers Comp issues...

    My employer has filed an application requesting a hearing, based in evidence I have provided, the commissioner rejected their application and directed that they reinstate my weekly benefits and also backpay me. The commissioner ordered this be don...

    Gerald’s Answer

    Rejection of an Employer's Application for a a Hearing is a decision. The insurer in Virginia has 30 days to appeal this. The penalty period is then 14 days. Thus, the insurer has 44 days to reinstate compensation. However, if there is no appeal, the insurer will "usually" pay back benefits within a week. If there is an appeal, then you would have to wait until the outcome of that appeal which can take months. Contact an experienced workers compensation lawyer for further advice.

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  • I was injured at work because I wasn't taught proper safety procedures what do I do?

    I was told by the assistant store manager that because I was a temporary cashier I wasn't taught proper safety procedures. I was injured when I was assisting a customer with 12 cases of floor tiles when I pulled the cart all the tiles flew out and...

    Gerald’s Answer

    You should file a claim for your injury with the Virginia Workers Compensation Commission. Call 1-877-664-2566 for information on how to do this. In Virginia, you have to miss more than seven (7) days in order to be compensated for lost time due to an injury at work. if your injury was "only" bruising and swelling and you have no ongoing problem, then your claim would not be significant enough to warrant hiring an attorney. However, if there is an ongoing problem, then you should seek the services of an experienced WC lawyer. Otherwise, you should file a claim as outlined above.

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  • Va Workers Compensation help?!

    If the workers comp commissioner has ordered the insurance carrier to back pay me, and also continue with weekly benefits, how long does this process usually take?!

    Gerald’s Answer

    It can take as long as 44 days. There is a 30 day appeal period and then a 14 day penalty period. However, if there is no appeal, the insurer usually pays within a week.

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  • Gross negligence question

    if someone was hired by an airline to work inside doing customer service and instead they had the person working on the Tarmac inside an airplane loading luggage and a part of the airplane closed and broke your wrist is that grounds for suing the ...

    Gerald’s Answer

    In Virginia you have no grounds for a gross negligence claim against your employer. You are limited to workers' compensation as a remedy.

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  • Would this be considered as workers comp?

    I was recently diagnosed with Tennis Elbow. I am a Federal Worker. I lift files/boxes and flip through files. I also spend a great deal of time on the computer. I have lots of pain, tingling and numbness along with loss of strength in my arm.

    Gerald’s Answer

    Under Virginia WC law it would not be but federal WC law may be more liberal.

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  • I live and work in Delaware. I was injured on the job and have been collecting Workmen's comp for about 9 months.

    The accident was very bad and I have had two surgeries and may need a third. My employer sent me a letter last week terminating my employment. Being on Workmen's comp is approximently $1,800.00 less a month then my net pay was. The insurance compa...

    Gerald’s Answer

    In Virginia if you are not able and willing to work you cannot file for unemployment compensation. I would think the rule would be the same in your state. You may want to check with a WC lawyer in your state to make sure you are being paid the correct rate.

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  • Am I entitled to more than lost wages and medical expenses due to faulty work equipment causing me a possible permanent injury ?

    I fell off my truck at work because the door sticks and the foot board is damaged. I hit the back of my head on the asphalt and was knocked unconscious and now have protruding discs in my neck due to the accident. This injury occurred 7 days ago a...

    Gerald’s Answer

    You probably are restricted to only getting lost wages and medical expenses through Workers Compensation insurance. If the problem with the truck is due to the fact it is old or due to poor maintenance then that is the fault of the employer and not the manufacturer of the truck. However, if the truck is new, then perhaps you have a claim. But you did indicate the floor board was damaged. That again sounds like poor maintenance.

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  • Two separate checks or one?

    I have two worker's comp claims open and I'm only receiving check for one. Do I get paid for both or do they merge into one case?

    Gerald’s Answer

    If this is temporary total disability (lost time compensation), then you are probably restricted to payment of only one. If both injuries are with the same employer then this would be most likely the case. However, you may want an award for both. Contact a Virginia WC lawyer.

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