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Terence Sean McGraw

Terence McGraw’s Answers

422 total


  • Company won’t give insurance info

    Terence’s Answer

    You can look up the employer's WC insurance at https://www.avvo.com/account/login?redirect_to=https%3A%2F%2Fwww.avvo.com%2Flegal-answers%2Fauthorized%2Fcompany-won-t-give-insurance-info--5438517.html

  • Can I reopen a comp case if I missed the hearing and months have passed.

    Terence’s Answer

    The short answer is - it depends. It is possible to seek relief after missing a hearing but a lot will depend on the timeline of events, the petitions that were being considered at the hearing, and the court's ruling. You description, while detailed, does not contain the facts a lawyer needs to know to help you. Your options include re-filing dismissed petitions, seeking permission for a late appeal, or filing reinstatement. You should reach out to a certified workers' compensation lawyer in your area to go over you situation and see if there is anything that can be done. From the sounds of it, I suspect that you still have options but you must act quickly. A local workers' compensation lawyer can be located using this website.

  • Do I have a case?

    Terence’s Answer

    If you have not reported this incident to your employer, you should do so immediately. Once reported, your employer should forward it to its workers' compensation insurance carrier. You are entitled to have your medical bills pas paid by workers' comp so that you have no out of pocket expense. If your injury causes you to be able to do your job and you are out of work for more than 7 calendar days, you are entitled to be paid wage loss benefits. workers compensation will pay you for pain-and-suffering. But, if you have permanent scarring of the head, neck or face, you would be entitled to "specific loss" benefits regardless of whether you lose time from work. You also have the ability to sue the negligent driver if no one paid the truck that did not stop, a "phantom vehicle" report should be made promptly to the automobile insurance covering the auto that you are driving. Ordinarily, that that report must be made within 30 days. If there is uninsured motorist coverage on the vehicle, you can recover for pain-and-suffering from the automobile policy. If the automobile policy was purchased by your employer, workers compensation will have the right to get reimbursed for any benefits it pays you from any recovery you make on the automobile policy. Because of the complexity of these claims, I recommend that you contact a lawyer or law firm that can handle both the Worker's Compensation and the motor vehicle accident. You should do so promptly so that timely notices can be sent to protect your rights.

  • Can I challenge an IME?

    Terence’s Answer

    This is a very common scenario. The outcome will depend a great deal on your medical history regarding the knee before the work injury. If you had no problems with the knee before, never had need for an MRI or any treatment, then you will have a strong argument that the KR is related to your work injury. If you had treatment for the knee before the work injury, things get more complicated but you can still win. Undoubtedly the IME doctor will argue that the images of your knee show degeneration that must have been present before the work injury and that your injury did not impact those degenerative changes. Fortunately, the law does not require objective change of a preexisting condition - a symptomatic aggravation can suffice. And, if your doctor testifies that those multiple meniscus tears and the subsequent repair caused reduction of the joint space and became the straw that broke the camel's back you can win. Although the medicine is surely familiar to you, the law is nuanced. You will need a knowledgeable workers compensation lawyer to assist you.

  • Can I collect unemployment compensation in pa if I have an injury and my employer sent me home?

    Terence’s Answer

    Yes. Under the circumstances described you can apply for both WC (workers comp) & UC (unemployment comp) benefits. You can only collect the higher of the two benefits. Typically, WC is the higher benefit and pays from 66.66 % to 90% of your usual wages. UC typically pays 50%. In a situation like this UC will pay more quickly. Unfortunately, due to the pandemic, the unemployment compensation system is experiencing significant delays. To be entitled to the unemployment compensation benefits, you simply have to show that you have medical restrictions, you have communicated those restrictions to your employer, and your employer is unable to accommodate those restrictions. When you apply, you will be given 2 options concerning the type of separation - quit or termination. Following questions to establish that you have a reason for leaving work of a "necessitous and compelling" nature. To be eligible for Worker's Compensation, you will need your doctor to state unequivocally that your hernia was caused by work. "More than likely" may not be enough. Your doctor does not need to be certain, however. It can take 9 to 12 months to litigate a disputed Worker's Compensation claim to a conclusion. It is difficult to estimate the response time on an unemployment compensation claim because results are variable from individual to individual. However, I have spoken with individuals who have been waiting for months or longer for the payment of benefits on an approved claim. I recommend that you consult with a certified Worker's Compensation specialist for more specific advice about your situation.

  • Can i get unemployment compensation if i am out of work on FMLA due to major depressive disorder?

    Terence’s Answer

    You need to be able to do some sort of work, even if it is not your regular job, in order to qualify for unemployment compensation benefits. As one of the other lawyers mentioned, you must be "able and available" for work to be able to qualify for unemployment compensation.

    And, as one of the other attorneys mentioned, you should check for the availability of short-term disability or long-term disability offered by your employer. Sometimes, these clients require you to elect the coverage and pay a premium. Sometimes they are fully funded by the employer. if coverage exists, you apply, and you are denied, you should seek the assistance of a disability attorney immediately. Do not attempt to pursue your appeal on your own. Although the appeal process for a short-term/long-term disability claim appears very informal, it is very dangerous to pursue the appeal without a knowledgeable lawyer's assistance.

    It is extremely difficult to pursue a workers compensation claim for a mental health impairment if the mental health impairment is related to stress from the job. When the cause of the mental health impairment is mental, rather than physical in nature, you must be able to prove "abnormal work conditions" caused your mental health impairment. your testimony alone is insufficient to meet this standard. You must be able to present testimony from others to establish "objective proof" of the abnormal work condition. The abnormal work conditions standard can be very difficult to meet. As an example, one court found that being tied to a chair and pistol whipped was not an abnormal works circumstances for a liquor (LIBC) store clerk because it is not unusual for those types of businesses to be robbed. Police officers suffering from stress after an on-the-job shooting have also been unable to establish that a shooting is an abnormal work circumstance. You should consult with a certified Worker's Compensation lawyer about the particular facts of your case to determine whether you have a viable claim for a work-related mental health disability.

  • I was married to my husband for 12 years we got a quick devorce about 18 years ago he turned 62 on June 1 that is the age he cou

    Terence’s Answer

    I am moving this question over to divorce & separation. It is the more appropriate place to post this question. I am aware, however, that divorcing spouses often negotiate divorce settlements that include a QDRO (Qualified Domestic Relations Order) that transfers an interest in a pension from one spouse to the other. If you did not enter into this kind of economic settlement at the time of your quick divorce, i am afraid that you lost the right to do so.

  • Are you able to collect unemployment if you get hurt "off the job" and your employer will not meet your doctor's restrictions?

    Terence’s Answer

    If you have 1) medical restrictions and have 2) communicated them to your employer and 3) your employer is unable to accommodate those restrictions, the unemployment law classifies your separation as a "quit" for "necessitous and compelling reasons." Ordinarily of voluntary separation from work disqualifies you from unemployment compensation, but when you have a reason of a "necessitous and compelling" nature, you are not disqualified. because the unemployment compensation system is experiencing significant delays due to the workload imposed by the pandemic, I suggest you file your unemployment compensation claim immediately.

    If your employer is able to accommodate your restrictions without undue hardship and fails to do so, you may also have a claim under the Americans With Disabilities Act. You should consult with an employment lawyer who handles ADA claims on behalf of employees.

  • What can I do ?

    Terence’s Answer

    To be clear, medical expenses are paid whether you lose time from work or not. You may need to get that medical Care from a doctor selected by your employer. You should check to see whether your employer has a panel of doctors set up for workers compensation claims. If it does, you may need to see one of those doctors for the first 90 days. Don't let the employer send you to a specific doctor. Ask to see the list and choose your own. if you're not happy with any of the doctors on the list, consult with a workers compensation lawyer. Employers have to jump through a number of hoops in order to restrict your medical care to that list of doctors. Often, they do not complete all of the steps.

  • I am 63, have serious chronic conditions and have been working from home. Do I have to return to the office when it reopens?

    Terence’s Answer

    Your employer may be willing to let you work from home. As a managing partner addressing how to return my employees safely, it is no easy task. I try to be guided by my employees concerns as best I can. If your employer seems insistent on your returning to work in the office, you can request that you continue to work at home as a reasonable accommodation under the Americans with Disabilities Act if a doctor will indicate that is medically appropriate given your risk factors. Your employer can only deny a well documented request for reasonable accommodation if it will cause and "undue hardship." In addition to obtaining a letter from your doctor recommending you work from home, I recommend you consult with an employment lawyer who represents employees to help you formulate your request.