Christopher Sharpe's Answers

L & I Settlements

L&I settles claims at their end and after medical care is fixed and stable and you are found employable. The settlement is called permanent partial disability, (PPD). The PPD dollar amount varies by body part, severity of injury, and date of injury. L&I will want to send you out for an "independent medical exam" (IME). The IME doctors will give you a category rating, which converts to a dollar figure via the PPD schedule. This may sound confusing, but it's worth you time to learn about it....

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I was injured on company property as I was leaving work. I was not on the time clock.

From a procedural standpoint: Nobody gets L&I benefits unless they or someone on their behalf has filed an L&I claim. If you saw a doctor for your injury, chances are good that they prepared a claim form and you signed it. From a legal standpoint: RCW 51.08.013 (1): "Acting in the course of employment" means the worker acting at his or her employer's direction or in the furtherance of his or her employer's business which shall include time spent going to and from work on the jobsite, as...

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Does my dad have a case, he wants to receive a retirement pension

You father does have a good chance at getting a pension. Age education, and work experience are the three big factors which decide who gets a pension. Lack of English language skills helps a person get a pension. Call a workers comp attorney for some free advice. See also the links below for more information. Chris Sharpe 206 343 1988

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I received a voicemail stating that my L & I claim is closed they are still working with my doctor I get a perm-partial award

Your situation as stated does not make sense. PPD awards are usually conveyed by the same order which closes your claim, so at the time an L&I or the self insurer are working with your doctor on a PPD award your claim is still open. In any event, the official closing is done by written order, and not voice mail. You should consult with an L&I attorney about your situation. They can review your file and determine the status of your claim, and look to see what is in the works regarding PPD....

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Elk, WA 99009

L&I is a problematic area for many doctors. It pays less that full fare for their billings, and requires a lot of the doctors in paperwork and possible litigation. For this reason many doctors refuse to do L&I work. However if a doctor takes and L&I patient and bills L&I for their treatment of you, then they should do the paperwork as part of their job. If your doctor is a good treater worth keeping and simply lazy with the paperwork, sometimes you can get an ally in the office such as his...

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Injured back in June. Doc wants to close case. I'm not feeling ready.vocational worker not helpful with info

Medical care is authorized only until the doc's, especially yours, believes you are as good as you are going to get. Vocational training is only authorized if there is no job, at any rate of pay, you can perform. PPD settlements are seldom substantial compared to what you have lost. Your file needs a review, to determine whether the VRC has already written you off or will recommend vocational services. Talk to a Washington workers' compensation attorney. See the links below.

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What recourse do I have as independent contractor for work-related injuries?

Several issues are presented in your question. In Washington: Are you a worker or are you an independent contractor? The hotel's saying you are an IC does not make it so. There is a statutory test. A worker's comp attorney can help you figure out your correct status. It may be different with different employers, depending on the facts of employment. If you are a worker, you are automatically covered, whether or not your employer thinks you are and whether or not he pays your premiums....

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Do I need an L&I attorney? What can/should I do?

When L&I sets up vocational training, they do so with the plan that when you complete the training, you will be employable. Thereafter, they usually cut off the time loss first and ask questions later. I suspect they will schedule an IME soon. For sure your diagnosis can affect your PPD rating. Just the same, a good IME response by your doctor to the soon to come IME, can solve such problems. For more details about what to do next, contact us.

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I have an operation agreed to by l&i, when done and i go back to work do i get a ppd award

Claims for injured workers who are incarcerated while involved in a Washington L&I claim are different. Your claim should be administered like most L&I claims until it comes to the actual payment of money. With a narrow exception for lifers, money payments are cancelled while you are incarcerated. If you have 'beneficiaries', they can receive the cancelled benefits. If you have no beneficiaries you may wish to try and delay any 'settlement' until your release. See the links below.

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Is it possible to receive a partial payment from your permanent partial disability before the claim close?

It is possible, yet difficult to get a PPD advance. There is no legislative authority requiring L&I to grant an advance. They have historically granted advances only in cases of extreme hardship. There are 12 denial criteria. There are 4 authorization criteria; supporting medical in file, extreme hardship, all other resources explored, and claim is at least one year old. Call us or talk to your claims manager to see if you qualify.

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