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Thomas L. Holder

Thomas Holder’s Answers

194 total


  • Serious Back pain...(workers comp injury)

    I hurt my back at work, with serious injuries. I have 2 herniated discs, one on my spinal cord, and three bulging disc on my thecal sac w/spinal stenosis. My workers comp doctor would not take me out of work completely, gave me light duty. It hurt...

    Thomas’s Answer

    You can try to say that the visit to the ER is an emergency but the better course of action would be to either go back to the doctor who has been treating you or use your one free switch to another doctor on the Panel of Physicians. Your adjuster should give you the other names of the doctors on the panels.

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  • Does disability pension/social security disability exempt someone from paying restitution?

    if the person's ordered to pay resititution to the state, can that restitution be waived if the individual only receives social security disability or a disability pension? i read somewhere that it is possible, but i can find the definitive answer...

    Thomas’s Answer

    I think you should discuss this with an attorney who specializes in Social Security law.

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  • Attorney fee a workers comp lawyer can charge

    Is there an upper limit a workers comp lawyer can charge the injured worker? Say the case is settled for $10K, $8K is for future medical expanse and $2K is for future lost wage. Can the lawyer charge 25% of both or only 25% of the future lost wage...

    Thomas’s Answer

    The lawyer is able to charge 25% of the entire settlement unless some of the money is specifically allocated for medical, which generally does not happen. The lawyer will not be able to get fee for the weekly benefits if you started getting them before he came on the case.

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  • Workers comp case, recently fired attorney but deposition and hearing set. I want to know can I request an extension?

    Defense attorney has everything pertaining to my claim and I'm without counsel can I request an extension to prepare! Counsel released 3-23-15, deposition set 3-31-15, can I ask for an extension to hire an attorney? What will happen if I miss the...

    Thomas’s Answer

    I would call the other lawyer for an extension and immediately try to hire another attorney.

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  • Does workers comp have a claim on the proceeds from a personal injury case against the building management?

    I have a workers comp case. I am to sue the building owner (personal injury case). Two conflicting theories: Theory 1, workers comp has already done investigation and may want to sue the building owner too, therefore, I should cooperate with worke...

    Thomas’s Answer

    You would have a claim for all $100. WC would try to file a claim for subrogation but they will not get all of its money back. Your attorney should be able to protect you. I would not proceed without an attorney.

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  • Splitting claims in a personal injury case for lost wage with workers comp

    I have a workers comp case and I was back to work with restriction. (As typical, the employer dumped more than a full workload on me.) The employer is trying to come up with excuses to get rid of me will all the excuses. My question is, if the emp...

    Thomas’s Answer

    Workers' compensation would probably owe you $525/wk., depending on the date of accident. I think you would have a claim for the full $2000 as the WC carrier would have to try to collect from the PI settlement. I do not believe that you have a case for wrongful termination. You should definitely get an attorney to help you with both the WC and PI matters.

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  • Asking for offwork after coming back to work in a workers comp case

    I had a workers comp case and went back to work about one and a half months ago. The manager assigned me heavy workload, which results in my injury condition getting worse and I am constantly in stress. How to get off work again? What are the t...

    Thomas’s Answer

    You should go back to your doctor and get him to take you off work again if the job responsibilities are greater than your physical restrictions. The employer could terminate the position immediately, but he would probably have to begin WC benefits again. I would definitely speak with an attorney as the laws surrounding return to work issues are very tricky. Good luck.

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  • Workers comp case, suing the cleaning company, building management?

    I fell in the office because the cleaning lady did not put up a warning sign after she wet the floor. (She said she ran out of them.) It is a workers comp case. Does it make sense to sue the cleaning company/building management? Also, withotu invo...

    Thomas’s Answer

    You should absolutely sue the cleaning and management companies. I doubt that you will be given the surveillance video without hiring an attorney to sue those companies. These can be brought in addition to your WC case. Good luck.

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  • I had an accident where I torn a meniscus on right knee, and had an hernia when in rehab I kept getting worst and t

    The nurse wrote on a report that I was not making an effort, and that I was there because I wanted a big check That I said that and there was never a conversation such and my lawyer after that was said choice was to settle, be and I m still having...

    Thomas’s Answer

    I would discourage you from pursuing a slander suit as I do not think you can win. Of bigger concern is that hernias cannot be superseded injuries in Georgia. Get your knee fixed.

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  • How long should it take to settle a workers comp claim??

    i have been receiving weekly benefits for 2 years now and the income just isn't cutting it..

    Thomas’s Answer

    It depends on the injury. We generally wait until the authorized treating physician (ATP) says that you are as good as you ate going to be and gives you a disability rating. I would not settle a case without an attorney.

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