Grady Martin's Answers

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

Your father may very well be entitled to a pension. It will be complicated and will depend on many variables. These include his injuries, his preexisting conditions, the opinions of his physicians, his work history, and whether he can realistically be retrained to do some type of lighter work. Situations like this can be quite tricky and often require an attorney. An attorney will ask you or your father questions about his medical conditions and the status of his workers' compensation...

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Can I claim a on the job injury if I resigned 3 weeks after it happened?

You absolutely still have the right to file a claim and seek medical and monetary benefits. Hopefully you saw a doctor right away and documented your injury and filled out the initial form to file the claim. Resigning may prevent or limit your ability to get lost wages, also called "timeloss" compensation. Good luck to you.

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Reinjury shortly after an L&I claim ends

If you are able to obtain and perform some type of essentially full time employment, you are not entitled to additional timeless benefits. You may be entitled to what are called loss-of-earning power benefits until your claim is closed. You may be entitled to what is called a Permanent Partial Disability award when your claim is closed. If one or both of your arms worsens in the future, you can try to reopen your claim. If you return to work, as a carpenter or anything else, and suffer a...

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How will a new DX of Dysythymic disorder affect my already accepted claim with workers comp of PTSD,MDD

The Department of Labor and Industries and self-insured employers are often eager to argue that medical conditions (and especially mental health conditions) pre-existed a worker's industrial injury or exposure. In your case, however, they have already accepted responsibility for similar conditions and the additional diagnosis may have little or no impact on your claim. You should watch out for the following: 1) a formal legal order denying the Dysthymic disorder or any other condition that you...

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Slip and Fall at Work, What to Do Next???

It's never too early to at least speak with an attorney and possibly have him or her review your claim. If you are denied medical or other benefits, then you should definitely have an attorney get your claim file and review it. This type of review and consultation should be done free of charge. Your doctors may have you undergo electromyography and nerve conduction studies and/or other tests. You may or may not be entitled to an award for permanent impairment (sometimes referred to as a "...

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If my lawyer puts the right paperwork in for a pension, do I also get a monetary amount?

If you have an attorney that represents you regarding your Labor and Industries claim, he or she is the best person to answer any questions you have. If you are unable to obtain and perform some type of work and also cannot be retrained to be employable you should be placed on a pension when your claim is closed. Pension benefits are like timeloss benefits except they are paid once per month and will probably continue for the rest of your life. A Permanent Partial Disability (PPD) award...

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Can L & I force me to see a male IME?

They cannot make you see anyone. They can and will try to suspend or terminate your benefits if they think you have unreasonably failed to cooperate in the adjudication of your claim. You should obtain a letter from your treating psychiatrist or psychologist addressing this issue specifically as soon as possible. Then use the letter to request a female examiner. Good luck.

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How do I get paid for my on the job injury? L&I approved case but not being paid?

Benefits to compensate you for lost wages are called "timeless" benefits. You should try to make sure that your attending physician has certified to DLI that your injury is preventing you from working. There are specific forms that your doctor should complete for this purpose. He or she should provide the specific dates that you have been unable to work and objective medical findings supporting your inability to work. After this has been done, additional steps may be necessary to actually make...

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LnI and pre-exsisting condition

The short answer to your question is yes. This type of situation is often called a "lighting up" and DLI is responsible for the condition that has been lit up. This, however, may not stop DLI from blaming your pre-existing condition and denying you medical and other benefits. This is one of their most favorite methods for denying benefits that injured workers are entitled to. If this occurs, you may need to consult with an attorney. I would try to fine one close to you. An attorney will ask...

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I had an on the job injury to my shoulder L&i wants to pay me off with 15% impaired loss to my shoulder movement,

You are entitled to vocational retraining if you are unable to obtain and perform some type of full time substantially gainful employment. Even if you are employable, you may be entitled to a larger award than the 15% or some loss-of-earning power benefits. You should contact a workers' compensation attorney in your area and have him or her review your claim to see what additional benefits you might be entitled to. An attorney will ask you questions about the status of your claim, what...

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