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Grady Martin
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Grady Martin’s Answers

129 total


  • L&i case reopened due to my injury worsening, I am always in pain 6 years now .. I need a lawyer I think.

    I fell at my job on a wet floor in 2009 and injured my lower back on L1, L2, L3, L4 and L5. I had a surgery in 2010 and my case closed in 2011. Sometimes in 2013 the pain started again slowly and about 6 months now, the pain came in full force an...

    Grady’s Answer

    You may be entitled to one or more of the following benefits: 1) additional medical treatment, 2) additional timeloss or loss of earning power benefits, 3) an increase in the PPD award you were paid previously, 4) vocational retraining or a pension.

    You should call an attorney to discuss your claim. An attorney will ask you questions about the status of your workers' compensation claim, what formal legal orders have been issued, your employment status, your medical status, and other issues.

    If appropriate, an attorney might get a copy of your entire claim file to review it in detail. He or she will then be able to explain what additional benefits you may be entitled to and whether you would benefit from actually having an attorney represent you. This type of consultation and claim review should be done free of charge. Good luck to you.

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  • My mother got hurt on the job but wasn't quite yet on the clock. Can she still file a claim with L&I?

    My mother is a caregiver and arrived early to her job. She was going downstairs to get something out of her car and she fell down the stairs and broke her left ankle in two spots. I am afraid the company she works for is going to say she wasn't ...

    Grady’s Answer

    Hi there - I grew up in PA so I know Sequim well. Your mother's claim should probably be allowed. She should make sure all supporting medical documentation is being sent to the Department of Labor and Industries and then wait for a decision regarding whether the claim will be allowed or denied. She should promptly respond to any inquiries from DLI. She should contact myself or another workers' compensation attorney if she has questions about her rights as an injured worker or if her claim is denied or if she is denied medical or other benefits.

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  • I was injured at a temporary job and now cannot go back to my normal work (union construction). Read below for more info.

    I'm an active Union member (10 years), but was injured at a temporary job while I was on the out of work list for the Union. Now my doctor is saying that I can't go back to construction. They're basing time-loss on the temp job wages and aren't in...

    Grady’s Answer

    There are several good arguments that can be made for your union earnings being included in your time-loss calculations. How exactly your time-loss rate should be calculated may well depend on specific facts that you have not provided here. This is the type of issue that you will probably need to hire an attorney to address.

    You should call an attorney to discuss your claim. An attorney can review other issue in addition to the time-loss rate issue and might get a copy of your entire claim file to review it in detail. He or she will then be able to explain what additional benefits you may be entitled to and whether you would benefit from actually having an attorney represent you. This type of consultation and claim review should be done free of charge. Good luck to you.

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  • My friend was hurt on the job. A judge has told L&I that they have to take care of him. The are denying him a MRI or ct scan.

    Can they do this? He is experiencing atrophy in his bicep and lost lots of feeling in his hands. The first doc thought it was his shoulder, but now they know it is in his neck. They are want him to go in for an IME with a doctor that wont testify ...

    Grady’s Answer

    Your friend needs to contact a workers' compensation attorney and at least have the attorney review the claim. Most attorneys will do this for free. After actually reviewing the claim, the attorney will have the information necessary to answer questions about medical treatment, the IME, and the additional workers' compensation benefits that your friend will be entitled to going forward.

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  • Can L&I do that.

    Truck driver injured on the job neck and left hand injury can't do my job per my dr. VC want me to be parking lot attendant or house keeping I have restrictions from my dr Can't left more than 10 lb in left hand and can't move my neck beca...

    Grady’s Answer

    Whether DLI can find you employable in one of these jobs is a complicated question that depends on the specifics of your case. Parking log cashier jobs are disappearing due to automation and they also tend to be just part time to start. House keeping might be too heavy for you so your doctor might reject that position.

    You should call an attorney to discuss your claim. An attorney will ask you questions about the status of your workers' compensation claim, what formal legal orders have been issued, your employment status, your medical status, and other issues.

    If appropriate, an attorney might get a copy of your entire claim file to review it in detail. He or she will then be able to explain what additional benefits you may be entitled to and whether you would benefit from actually having an attorney represent you. This type of consultation and claim review should be done free of charge. Good luck to you.

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  • Is there a time limit in which the Department of Labor & industries has to accept or reject a ppd or an ime

    Had and independent medical exam came back in my favor but the department hid it from me and my doctor for over 6 years not making a formal decision until 2012 the ime was done in 2006 but only after they found doctors that are con when it come...

    Grady’s Answer

    There are deadlines for certain things regarding DLI claims but there is not an absolute and clear deadline for taking action following an IME with a PPD award. If DLI is not adjudicating your claim and paying you the benefits to which you are entitled you should contact an attorney immediately.

    An attorney will ask you questions about the status of your workers' compensation claim, what formal legal orders have been issued, your employment status, your medical status, and other issues.

    If appropriate, an attorney might get a copy of your entire claim file to review it in detail. He or she will then be able to explain what additional benefits you may be entitled to and whether you would benefit from actually having an attorney represent you. This type of consultation and claim review should be done free of charge. Good luck to you.

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  • How to get Pension from L&I(LNI)?

    hello I reopened LNI claim because my pain is worst than before I'm 30 years old and i had low back injury when i was 25 years old so I got category level 4 with PPD award when my claim was closed in 2010 I'm also getting Social se...

    Grady’s Answer

    Getting a pension is a complicated process and is rarely easy. LNI will not award you a pension simply because you receive SSD benefits. Your questions about PPD awards are also complicated. To try to put it simply, if you get a pension you will not get any further PPD and if you do not get a pension you must show an increase in your PPD to be awarded any more.

    If your low back condition is serious, you should call an attorney to discuss your claim. An attorney will ask you questions about the claim, what formal legal orders have been issued, your employment status, your medical status, and other issues.

    I would review your whole claim in detail and then explain what additional benefits you may be entitled to and whether you would benefit from actually having an attorney represent you. Good luck to you.

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  • I was injured at work. Our company is privately insured. They NEVER authorized surgery. Even after 18 months.

    Meanwhile my injury worstened. They stopped my checks after 8 weeks. I sent 2 letters of penalty to Olympia and they were fined $1.000 on each of them. As my injury worstened and they did not care I contacted Olympia and they authorized my surger...

    Grady’s Answer

    It sounds like you have done pretty well so far without an attorney. Having one going forward, however, might be a good idea. You are probably entitled to the following additional benefts: 1) additional medical treatment, 2) additional timeloss benefits, 3) a permanent impairment award, and 4) vocational retraining.

    You should call an attorney to discuss your claim. An attorney will ask you questions about the status of the claim, what formal legal orders have been issued, your employment status, your medical status, and other issues. My practice is to then review the whole claim file in detail so that I can talk with you about whether you would benefit from having an attorney or not. Good luck to you.

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  • Can I get loss of earning power benefits retroactively?

    I have a occupational disease I've had for the past year, and recently had surgery on this condition. I work as a server, but had to take on another (much lower paying) job at my place of work immediately after the surgery. I recently found out th...

    Grady’s Answer

    Yes. You even have the name correct: loss of earning power (LEP) benefits. As long as your claim has been filed and has been allowed, you just need to fill out the appropriate form and submit it and supporting documentation to the Department. Good luck to you!

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  • How do I calculate time lose repayment.

    I did not report work I did when I requested time loss payment. Aside from potential penalties, how do I determine what I owe? Do I subtract what I earned each day from that day’s time lose or?

    Grady’s Answer

    It depends on how much you earned compared to how much you were earning at the time you were injured. One possibility is that you may have to repay all the timeloss you received. Another possibility is that you are entitled to Loss of Earning Power (LEP) benefits rather than timeloss and you would have to repay the difference, if there is one, between the timeloss you received and the LEP benefits that you are entitled to. Even if you have been overpaid, the overpayment can often just be deducted from future benefits you are entitled to under the claim. An attorney would need more information to really figure out what you owe or what you are still entitled to. He or she would probably have to get access to your claim file and review it. You should contact an attorney right away.

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