David Charles Snell's Answers

I cut my finger to the bone and nicked the bone, I was told that I will lose some of the feeling in my fingertip. At Work

Although it will be a medical opinion, It's pretty unlikely that there will be any ratable impairment when this thing is all healed up. A little numbness probably doesn't transfer into a % of the amputation value of that finger under Washington law and the AMA Guide.

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Seeking a lawyer who will represent me in a Fraud/Workers Comp. Case

The typical contingent fee calimant's firm will be hesitant to take this on without a substantial retainer. The attorney will be trying to control the damage; to allow you to keep as much of the benefits you received as possible. Thus, a typical 30% fee, contingent on getting you more benefits won't work because you are starting below zero.

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Reinjury shortly after an L&I claim ends

We see this a lot. The Department's definition of "employability" doesn't always work out in the real world. Often, my clients just have to return to what they know and are good at. If you suffer a new injury, even to the same body parts, it would be the basis for a valid new claim. It's a no-fault system. It sounds as if you might need to change orthopedists if this does happen, as your Doc has obviously not had to do carpentry work lately...(except bone carpentry)

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

Yes, you have 1 year from the date of the injury to file a Workers Compensation claim.

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L&I injury

Cannot sue the TPA (third party administrator) The best you can do is pursue your claim vigorously and beat them with the facts. Opinion of an attending physician is entitled to "Special Consideration under Washington Law so you should win the appeal. You should get a lawyer, unless L&I is defending its own order in your favor.

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

Even an allowed case take a little while to get on track. Time loss benefits are not paid for the first 3 days, but if your injury keeps you off work for 14 or more days, and your doctor certifies this, then the benefits go all the way back to Day 1. Most CNA's work for Self Insured Employers, and this can create incentives for employer to delay or deny Time Loss. If it's been more than a couple weeks since certified by your doctor, you should ask L&I to intervene, or get a Workers Comp...

Should someone sustaining an on the job injury still have to apply for FMLA?

Sometimes an injury on the job takes you out for a short time, sometimes longer. FMLA is just a Federal "placeholder" for you if your employer is large enough to fall under that statute. FMLA protection usually runs concurrently with the state workers comp claim, and may prevent am employer from replacing you while you or a family member recuperates from injury or illness. FMLA does not deal with pay or sick leave compensation.

My mother got injured on the job and got laid off...also her case was closed and there was no time loss compensation

Raises lotsa questions...What was the original injury in 2009? Did Mom's doctor not certify time loss? Was the employer self-insured? Did the surgeon relate the ganglion cyst to the industrial injury? She may be entitled to additional workers comp benefits if a closing order has not become final (written, informal protest w/in 60 days of receiving the order). She may also want to look into unemployment and/or SSD application alongside the Workers Comp claim.

I have constant back pain, I stand and work all day. Works L& I Dr. said nothing wrong, What can I do now, Claim is closed

Send a written Appeal before the 60 days expires, then consult a Workers Comp attorney. Your doc's opinion is very important.

Do I have to go back to work before my L&I case is closed?

Sometimes they can if the medical opinion sez you could work, but need more treatment. It's really more up to your doctor than anyone else...