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David Norman Rockwell

David Rockwell’s Answers

6 total

  • Why is CA giving me a check for a lump sum when nothing has been discussed? Can I return the check?

    Received my rating from DEU. I just got a check from the CA for the lump sum for the rating less my PDA with no explanation. My paperwork from DEU says that I would get payments every 2 wks. Which I would rather have even if I C&R. I haven't cash ...

    David’s Answer

    In addition to the detailed answer given by Mr. Batchelder, I would point out that you do not get the voucher that can be used for retraining until after there is a final approval of a settlement by a judge. Thus, if you resolve your case by way of a stipulations with request for award, the carrier has sixty days after the judge okays the Award to send the voucher.
    If you decide to close out your case by a Compromise and Release, in which you sell your right to future medical care and your right to reopen, be very careful about settling your right to the voucher. Check the paper work carefully to make sure you don't give it up.
    As recommended, a free consultation with a workers' compensation attorney would be a good idea.

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  • How can I avoid settlement with workers comp carrier? Can they force me to settle? I am on medicare and UI. What happens?

    Injured July 2012. Insurance co accepted liability but no TDD. Pressuring me to settle either by lump sum or compromise and release. Can they force me? I want to delay. I am collecting UI benefits? If I get a settlement, how does it work? Is it ...

    David’s Answer

    In addition to Mr. Corson's answer, I always make sure my clients understand that they have the choice about how to settle their case, either payments of permanent partial disability and with future medical treatment being provided by the insurance carrier, or by selling that right to have future medical treatment and getting your money, including the value of your permanent partial disability (and perhaps TTD that may be owed) in a lump sum. Either way, the settlement would not be taxable.

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  • Wokers Comp- When can I legally and medically return to work ( other than the employer I filed WC)?

    I have been MMI / PS as 05/17/12 report issued . I can not live PD advances I will soon be issued. My Employer/IC has not offered me work yet or let me go. I know it's soon but I want try to avoid pitfalls I have read on this site and many blogs. ...

    David’s Answer

    This is a common question, and the other answers have been good. I would add the advice I always tell my clients: There is nothing stopping you from working as long as the doctor has released you, as long as you can work abide by restrictions so as not to reinjure yourself. Most importantly, you can't be working and receive temporary disability checks at the same time (unless you are only working for the same employer on a part-time basis; let the carrier know, and you will get "wage-loss"). Whether the work is with the same employer or with a different employer, workers' compensation judges are impressed with people who make an effort to get back to work.

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  • Do i still have a claim for workmen comp even if i was not wearing the proper shoes at the work place

    i am a cook and was not on the clock while the incident happened so i slipped and fell result of it i twisted my ankle and now i have to work in these conditions i have seen the doctors and therapist but i have not gotten to my full capability at ...

    David’s Answer

    I agree with Mr. Borah that you should consult a workers' comp attorney as soon as possible. Why were you there before you were clocked in? What were you doing at the time you slipped and fell? If you employer wanted you there early, before you clocked in, you may still be covered. File your claim. Also, if you do not have a w.c. case, then your employer may be liable in a civil case if your slip and fall was caused by your employer's negligence, including the negligence of a co-employee.

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  • My dr released me with restrictions as Permanent and stationary

    After 26 months in Workmens comp. paid 104 weeks and after that disability payments my Dr says I reach a permanent and stationary stage he released me back to work with restrictions even tough I don't feel good having pain due to a back injury QME...

    David’s Answer

    • Selected as best answer

    Because the QME's report says that you are not permanent and stationary, and the insurance says it overpaid you, I think you will need a workers' comp attorney to help. You may not be entitled to any additional temporary disability, however, as you have used up the 104 weeks. Your case can't settle until the QME actually finds you permanent and stationary and gives you a permanent disability rating. However, since you have been out of work so long, you may also use a recent case, Ogilvie, to help prove you have more disability. Another recent case, Almaraz/Guzman, is also useful in getting a rating that accurately reflects your disability, but your QME must be asked about this case.

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