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Israel Ramon

Israel Ramon’s Answers

102 total


  • If injured twice on the same shoulder two surgeries what are my legal options

    I was injured at work on December 28th 2014. I had four tears in my shoulder. They did surgery on July 10th 2015. Went to therapy and arm got worse. The doctor kept telling me it was scar tissue. December 5th of 2015 I had an MRI and there is anot...

    Israel’s Answer

    If this is a conceded claim, you should have received weekly temporary total disability benefits (2/3's your gross wages) throughout the period of time you were recovering from your injuries. If your doctor determined that you reached an end of healing, he should have assessed permanent partial disability which results in payments to you for your functional loss at the shoulder and permanent restrictions.

    If your time of injury employer has no work for you, please contact the Division of Vocational Rehabilitation for potential job assistance and retraining. The closest DVR Office to you is located 2701 South Chase Avenue, Suite D, Milwaukee, WI 53207, 414-389-6450. Good luck. Feel free to call if you have any further questions.

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  • Why would I need to turn in certificated resignation now after I was told to wait&what is the correct phrase to preserve rights

    I was asked to complete to sign a compromise settlement leaving open past and future medical expenses and to sign a "voluntary resignation", or we would end up in court again and it could last years. After sending in the voluntary resignation wh...

    Israel’s Answer

    If you are represented by an attorney, you should speak with your lawyer immediately. If you are not represented, please consult with an attorney familiar with this area of law. Much more information is needed to properly address your question.

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  • Need a caring attorney to help with desisions

    Sent from surgeon n wc gal to go to work on light duty (max 10lbs) but I was not assessed on anything, can barely walk or sit for long. Went to work on 26th, can barely walk into building, was there 12 minutes n the hr n another gal carted me to ...

    Israel’s Answer

    Your answer does require more information in order to properly provide advice. It's not as easy as recommending you seeing another doctor. It's important to know who your surgeon is, how you got to him, how many other doctors you have seen, etc.

    Generally, if someone returns to work with limitations, but has a difficult time, I suggest they go back to their surgeon to discuss the problems. If you do not and you see another doctor, you can be almost certain that the WC carrier will cut of weekly temporary disability benefits. I suggest you call a lawyer and discuss this further before taking any drastic action.

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  • Should I apply for constructive dismissal, workers comp or disability?

    On medical leave due to verbal abuse and stress and harassment of manager. Just fired because I am unable to work, despite medical dr. letter giving me leave to the end of October. Many illegal practices going on at workplace. Not sure if I shoul...

    Israel’s Answer

    Wisconsin does require a showing of extra ordinary stress to make a non-traumatic mental stress claim. This is a very high burden to meet in many instances. If your psychologist is of the opinion that your condition is caused by the verbal abuse at work, you may make s claim, but I would certainly apply for short term disability in the event your stress claim is denied.

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  • I hurt my back at work although I am getting workmans compensation my doctor feels I am close to a plateau and I am still having

    Fell at work and have a small compression fracture

    Israel’s Answer

    If you are still having pain, I suggest that you speak with your doctor about your ongoing pain. It may be that a referral to s pain specialist is an option.

    If you are assessed an end of healing, you may be assigned permanent restrictions and permanent partial disability (PPD). PPD is essentially a percentage of disability assessed for your functional loss. There is a monthly payment formula to determine how many weeks of disability you will receive.

    If your employer cannot accommodate your restrictions, you should contact your local Division of Vocational Rehabilitation (DVR) for job placement services and possible retraining. If you are placed on a waiting list or you cannot be helped by the DVR, you should consult an attorney for an evaluation of s possible loss of earning capacity case.

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  • Work comp suspending ttd for non compliance?

    Ok, had a past 6 week post op appt on Sept 20th, could not make it, called cancelled, rescheduled asap, asked for soonest date as I DO need to see surgeon asap. Gave me Oct 22nd, wc called said she is suspending my ttd a week before the apt for no...

    Israel’s Answer

    Yes. It appears that you definitely need s lawyer. If the carrier is disputing part of your injury and treatment, it will ultimately deny further benefits. This conduct is typical of some WC carriers and a legal assessment should be sought.

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  • Hurt my shoulder at work having surgery soon do I need a lawyer

    got hurt at work went to therapy few weeks had a MRI done came out with a tear in my left shoulder next step is surgery on the 7th of October do I need a lawyer

    Israel’s Answer

    You should only need a lawyer if the worker's compensation carrier is disputing the tear in your shoulder. If they are not, benefits such as your lost time from work, medical expenses and permanent disability (when you reach an end of healing) should be paid. If the WC carrier disputes any benefits, you should contact a lawyer.

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  • Is Worker's Compensation a sub-set of FMLA? Or are these two entirely different programs?

    I have a Worker's Compensation claim with my employer and have been receiving WC benefit checks and related medical costs were being paid for by their WC insurance provider. I was then sent a letter from my employer stating that my WC claim was u...

    Israel’s Answer

    The Wisconsin Worker's Compensation Act is independent of any other law, including the state or deferral FMLA. An employer can require that an injured worker complete an FMLA form whether a disabling condition is work-related or not. If, however, the employer terminates the employee because the employee has exceeded the allowable weeks under the FMLA, that employee can potentially sue the employer under the WC Act for unreasonably refusing top rehire him. He may also have claims under the Act for DVR retraining or a loss of earning capacity depending on the severity of the injury and any resulting permanent restrictions and permanent partial disability.

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  • What does COMPROMISE AGREEMENT CLOSING OUT ALL ISSUES WITH THE EXCEPTION OF FUTURE MEDICAL EXPENses?

    what particular issues am i agreeing to and what should i ask lawyer when reading company is saying it denies injuiries due to their ime however, injuries are documented by dvr and docs as permanent both physical and psychological. where should i ...

    Israel’s Answer

    If you have a lawyer, you should ask your lawyer specifically about the terms of the compromise agreement. In general, when an agreement indicates that all issues are closed out or fully and finally resolved, that means that a worker cannot make additional claims for compensation benefits or penalty claims. In short, the worker is precluded from suing the WC carrier an/or employer. Thus, claims for temporary total or partial disability, permanent partial disability, retraining, loss of earning capacity, delay in paym,ent, bad faith, safety violations or unreasonable refusal to rehire claims will all be waived. Any claims under the WC law.

    If the only claim that is kept open is for medical expenses, then the worker can make medical expense claims after the compromise is approved by the Worker's Compensation Division relating to treatment for the injury. This includes outstanding medical expenses, medical expenses paid by a third party or out-of-pocket or mileage expenses.

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  • I got hurt at work and denied my workman's comp. is this something that you would deal with?

    I tore the ligaments in my wrist and they denied it because they're saying I had something else wrong with my wrist and that's what caused the ligaments to tear. so they're saying it wasn't work related and that's not true.

    Israel’s Answer

    If you have seen a hand specialist and he or she agrees that your torn ligaments are related to either an accident you had a work or that your job duties were at least a material causative factor in causing the torn ligaments or progressing any pre-existing torn ligaments, you have a right to sue the worker's compensation carrier for benefits and medical expenses. As worker's compensation hearings are held throughout the state, many of us who practice in this area have state wide practices. Please feel free to call any of the experienced AVVO attorneys or 414-949-5291 if you have any specific questions which I can answer. Thank you.

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