Harold W. Whiteman Jr.'s Answers

Workers Comp Settlement

You are correct about the need for a MSA (Medicare Set Aside) now that you have been accepted for SSDI. I dont see any point in you trying to calculate the future costs. The insurer will have to retain a specialist to do this in order to determine how much will be needed to fund the MSA. Keep in mind that this money has to be put in a trust for future treatment costs; you will not be able to use it any way you want. The value of your settlement will be based on future disability payments and...

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Is there a limit to Physical Therapy ?

The short answer is no, there is no limit. Insurance companies will use guidelines to try to limit the number or frequency of sessions. But so long as your authorized doctor orders it and it is meant to effect a cure of bring relief, they should approve it. Of course they may just neglect to approve it. Often this is just an oversight or due to unusual circumstances (as when the adjuster quits and the new one needs time to become familiar with your case.) If you do not have an attorney, get the...

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My employer alleges that it cannot accommodate me for light duty relative to a workers comp claim / job injury.

Generally speaking an employer is not required to offer you a job in Georgia when you have an on the job injury. If you are on restricted duties and they won't accomodate you, they should commence your weekly disability check. They have 21 days from the date your disability began to get you your first check. If the company's insurance company has not done so by now, you should consult an attorney. You may have an ADA claim depending on many factors, including the size of your company. Those...

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Should workers comp have to cover my medications?

Probably not. You message states that your attorney sent you to a doctor of his choice for the second opinion. Unless the insurance company agreed somehow to make that doctor the new authorized physician, they are not responsible for any prescriptions that doctor gave you. You may be able to call your authorized doctor and see if he/she will agree to prescribe the same medication.

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Question on hiring workers comp attorney???

The short answer is that there is some advantage to having a local attorney especially if you are living in an area with few doctors. The local attorney may have a relationship with the doctors that are providing you treatment and that could be very important during the claim. The treating physicians are under lots of pressure from the insurance company to provide minimal care and return injured workers to work as soon as possible. That being said, you really need an attorney who specializes in...

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Workers comp question,why is my previous employer calling me asking if im interested in a job oportunity?

I suspect that the insurance company has pressured your employer to come up with a light duty job to offer you. The fact you were laid off doesnt mean anything unless you worked under a union contract. The company can always rehire you. You are not required to accept a light duty offer unless and until a written job description is approved by your authorized treating doctor. However, you should know that the mere existence of a job that may fall within your work restrictions can give the...

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Georgia WC case. FMLA question.

Provided you and your company meet FMLA requirements you of course have the right to protect your job by applying for a FMLA leave. Unless you are protected by a union agreement or a written employment contract, there is nothing to prevent your employer from letting you go while you are out due to an on the job injury. It is a tough call, and you will need to consider if this is a necessary step at this time.

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Does vacation time extend my date of disability ?

Yes, if you were paid full wages whether vacation, sick leave, or whatever it is called, you are not entitled to Workers comp disability for that time.

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Can I file unemployment

I wouldnt ask to be laid off under these circumstances. You have 15 work days as a trial period to attempt whatever they have to offer you in the way of light duty. If you are unable to do the work due to the pain or limitations from your injury, then you can stop the attempt and they will have to resume paying you workers comp disability. Feel free to call me at 404-365-0102 for free advice on this.

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Workers Comp settlement or Another Surgery?

Unfortunately surgery is not often the answer. Statistically people who have back surgery improve only 50% of the time. Having had 2 already and still having pain, I would think long and hard before undergoing another one. My experience is that a pending recommendation for surgery increases the settlement amount for the claim. Once the insurer pays for the surgery, that amount is removed from the future medical part of the settlement evaluation. Any settlement should include consideration for...

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