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Terence Sean McGraw

Terence McGraw’s Answers

417 total


  • Can I make a workmans comp claim , or should I just use my short temperature disability insurance or can I collect both

    Terence’s Answer

    The "coming and going" rule indicates that you do not get paid WC if you are injured during your commute to and from work. If you were going to work for you normal shift and were told to report, despite inclement weather, because you were essential personnel, you would likely not be eligible. If you were called in because someone else was unable to report, you might have an argument that WC should cover because you were on a "special mission" which is an exception to the going and coming rule. As a practical matter, the WC claim would certainly be disputed and could take 9 months to a year to resolve (assuming no appeals). During that period, you would not be getting paid.

    Short term disability and wage replacement benefits from your auto policy (if you have them) would be easier and quicker to access provided you meet the eligibility standards for these benefits (unable to perform the essential duties of your customary occupation). Timing and order of application is important. I would suggest you to apply for and obtain STD first, and then ask your auto carrier to provide "wrap around" benefits" to increase the total percentage of lost income replacement. (In most cases, this would mean the auto carrier was paying an additional 20% over the 60% paid by STD - numbers may vary.) That approach will yield the highest percentage of wage replacement for the longest period of time. If you apply for and receive the full amount of auto wage replacement benefits first, STD will not pay you until you max out that coverage. That would likely yield less income replacement if you are out of work for several months.

    These comments are based on typical plans and policies that I see in my practice. Plans and policies do vary. You would be best served by consulting with an attorney who can advise you how to coordinate these benefits after determining what the provisions of your particular plans and policies are.

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  • What can I do if I'm being pressured about coming back to full duty after an injury that has not healed completely yet.

    Terence’s Answer

    In addition to the other good advice offered by my colleagues, know that the Americans with Disabilities Act prohibits discrimination based on a disability or a perception of a disability. That is why Mr. Chaban's advice about keeping a running diary is good advice. It is unlikely that anything other than the pressure you are experiencing is going to happen while you are on light duty. If somewhere down the line you feel like you are being retaliated against, you w ill be glad you kept the diary. Pennsylvania also allows you to sue for wrongful termination if you are terminated in retaliation for exercising your workers compensation rights. You are the only one who can enforce the doctor's restrictions. Ultimately, the choices are up to you. I think you would feel more secure enforcing your rights if you met with a certified workers' compensation attorney for education and advice. You will not be charged for such a consultation.

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  • What should I do after an "off-the-books" worker was injured on my property?

    Terence’s Answer

    I agree with Mr. Niemann and Mr. Wolf that you are best served if you make no further payments, talk to no one else and contact a lawyer. You are not the primary target here. The contractor is the one who is primarily liable unless you were significantly controlling how the job was being performed. If you controlled the means and manner of the work, you could be found to be the primary employer. . You might be secondarily liable as a "statutory employer," but from your description, I suspect that you are not a "statutory employer." Those are the issues that require more facts to analyze. If you are not a "statutory employer," you might be liable as a property owner under negligence law if the injury occurred as a result of your negligence. Those theories of negligence are difficult to pursue and that liability would normally be covered by your homeowner's insurance. Just because the kid was working off the books does not mean that he can't make a WC claim against the contractor. If the contractor had WC insurance and was paying the kid under the books, his WC insurance company will still have to pay WC benefits. If the contractor did not have WC insurance, the kid can make a claim against the Uninsured Employer Guaranty Fund. The Fund might look at you as a potential target for reimbursement of the benefits it pays. But they would be subject to the same questions and issues. I recommend you seek a lawyer or law firm familiar with both WC and negligence law.

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  • Social Security Appeal to Federal court HELP (by 12/23/2016) multiple doctors signed PERMANENTLY disabled on employability forms

    Terence’s Answer

    Bar Associations do not charge you for finding you a lawyer. SS lawyers typically work on contingent fee. Some of them "specialize" in taking appeal work. A good resource is www.nosscr.org. NOSSCR is the National Organization of Social Security Claimant's Representatives. Search Google for NOSSCR lawyers in your area. Ask who does appeal work if the lawyer you call turns you down. Proceeding prose is not advisable. Move swiftly to retain a lawyer. Your chances of finding somebody lessen the closer you get to the deadline. You can't "edit" your medical records. They are what they are. You cannot present new evidence. Factual arguments rarely win at this level. You need a lawyer to help you find legal errors. You MUST file I federal court. You MUST file on or before your deadline. You MUST file the correct paperwork and send it to the right places. You should not count on being given any leeway if you proceed pro se.http://www.disability-benefits-help.org/faq/federal-court-review

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  • Will i get my unemployment if they denied me for points

    Terence’s Answer

    Termination for maxing out a no fault attendance point system does not necessarily disqualify you from unemployment Comp. You should speak with an unemployment comp lawyer in your area.

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  • In pennsylvania do I have to return to work for light duty without receiving a notice of ability to return to work form?

    Terence’s Answer

    As a general rule, that is correct. I litigated the case that established that rule. But it has been subject to some exceptions. If your own doctor has released you to light duty, I would not feel comfortable with you refusing to return to work simply because you have not been sent a form with information you already know. The idea is that you should be aware of the medical information that is the basis for your employer's offer so you have the fact necessary to decide whether the offer is approrpiate. And, even if this is a situation where you can rely on the rule, the failure to provide you with the required notice can be easily corrected. If you then are in the position where you should try to return to work, you may find yourself doing so with an employer who is not happy about your reliance on a technicality and who is motivated to find some reason to justify letting you go. Return to work issues are very complicated. Talk to a certified Workers compensation lawyer about the specifics of your case before you make a decision that might haunt you.

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  • Workmens 'compensation sett1ement

    Terence’s Answer

    If you will be unable to return to your old job, talk to your lawyer about settling and filing for SSD.

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  • My wc case settlled in 2014. my atty used "spread" language but ssa still using wc same offset as before settlement via c&r.

    Terence’s Answer

    SSA is bound by the language because it's own internal procedures provide they will apply the pro-ration language if it is done correctly. They don't like it. And they have tried to change the policy a few times in the past but met with a firestorm of political back lash and abandoned the idea. Technically, they can change the policy any time, but I am not aware of any recent effort. Your lawyer should either be assisting you with this or referring you to someone who can.

    Assuming your LTD policy was provided by your employer, it is governed by ERISA. The language of the plan (usually an insurance policy) governs the treatment of your settlement. You need to get the policy first. If the plan administrator is violating the plan, you need to file an action in Federal Court. Best to obtain the assistance of a lawyer familiar with ERISA and SS cases.

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  • I was diagnosed w/pulmo Sarcoidosis in Aug 2013 and I believe that I was exposed to allergens at my office - case?

    Terence’s Answer

    Sarcoidosis can be caused by the inhalation of particulates. If you can prove, to a reasonable degree of medical certainty, that was the cause of your condition and the only place you were exposed to such particulates was at work, then you have a case. You will need a cooperative doctor who will state that is the cause ("could be" or "might be" is not enough.) And, you should really have testimony from co-workers corroborating your allegations regarding the work environment. If environmental testing was done there, that would be important to know. What were the results and recommendations? Were they followed or were they ignored? A case like this will require you to work closely with a lawyer simply to find out if you have the basis to proceed. Have you lost time from work and wages? Have you notified your employer you believe your condition was caused by the conditions at work? If not, do so immediately, especially if a doctor has already told you that work caused your problem. The "date of injury" and the filing deadline for these types of cases can be a bone of contention. The "normal" filing deadline for WC cases is 3 years from the date of injury, so you need to act quickly. Given the complexity of this kind of case, you should contact a qualified WC lawyer as soon as possible. You have many to choose from here on AVVO.

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  • Back injury work related. Attorney told me not to treat it but I could no longer deal with the pain n did now I have received it

    Terence’s Answer

    You have not specified a question. I suggest you contact your lawyer to discuss your concerns. There are many reasons that your lawyer may have given you the advice that you describe. Proving injuries that become known later than the apparent initial injury is not always easy. And just because the back problem arose after your work incident is not enough to prove it. Ask you lawyer to explain why he advised you the way he did. If you have been out of work for 5 years, I hope you have explored Social Security Disabiloity as an option, particularly if you have both work related and non-work-related problems.

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