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There are several questions I'd like to ask you about your scenario here to see if the light duty job offer complies with OCGA 34.9.240. However, I would not quit work in favor of unemployment, as unemployment is taxed, adn workers' comp benefits are not, and you can't get the full amounts of both at the same time. Plus, if you're still hurt, you're likely to take a long time to "seek work somewhere else." Get well first. Feel free to email me for more information at mm@moelaw.com; I...
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Your attorney should request a conference call with the judge (if there's no judge assigned, he/she should file a hearing request to get one assigned) to get the procedure approved asap. Chances are good that the insurance company is trying to arrange a defense medical exam with a doctor who'll say you don't need the surgery. But again, ask your attorney what's going on and to file a hearing request and/or schedule the conference call.
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That doesn't sound like negligence, but more information is needed, of course. I would work with a local workers' compensation attorney to try and get a change in physician or pursue other options. I can assist if you'd like...despite being in Atlanta, I have cases in SE Georgia where you are, too.
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Try to arrange an in-person meeting with your attorney to go over your concerns. If he filed a hearing request, settings often get postponed several times before the hearing actually goes forward, so this isn't his fault, but you may need to encourage him to be more aggressive in pushing for your hearing to go forward asap.
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"Probably" to both.
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I agree with Jason. I recently had a client in a similar situation, so I got his doctor to agree that the current restrictions stemmed from the injury and should have been in place since the injury (i.e., for your situation, the "company doctor in Iowa" was wrong). I recommend you do the same.
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Your attorney is probably telling you it "doesn't matter" that he makes that much, because the max workers' comp rate in GA is $500/week, so 2/3 of his average weekly wage is going to be significantly above $500/week. From the information provided above, your lawyer does not sound like he/she is doing a bad job. -Michael Moebes
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Have you requested a second opinion? I'd ask for a change in physicians from the panel and see if a different doctor has alternate suggested treatment options. You may also need pain management.
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I agree with Tom. Your being an intern should not affect whether or not you are eligible for workers' compensation benefits in this instance. Feel free to contact me with additional questions, if you like, via my website or blog - www.gaworkerscomplaw.com.
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This is a tricky question, and the response will vary greatly by the facts of your incident. Some employees, as you likely know, are "on call" 24/7, such as police officers, EMTs, health care providers, and emergency response providers. With others, determining whether they are still "on the clock" or not will vary. Feel free to contact me with specifics, or look at some of my blog entries at www.gaworkerscomplaw.com. Thanks- Michael
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