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What recourse do i have when workman's comp paperwork is falsified in a wrongful death case? ?: Father died from injuries sustained while working. Company has put a gag order on other employees involved in incident. The police report states clear weather, the workmans comp claim states rain/downpour and many other incorrect statements.

Asked over 1 year ago in Workers Compensation

Michael’s answer: I am so sorry for your loss.

To answer your question, there is no way for you to correct false statements made in paperwork you don't complete. You will want to gather as much evidence as you can as quickly as possible. This is especially true if you believe the employer or insurance company will try to deny the tragic accident was unrelated to his work and thus, they are not responsible. You may want to consider consulting an experienced workers compensation attorney to ensure the workers comp claim is handled properly. Good luck.

Answered over 1 year ago.


How to correctly calculate AWW via Form 22 when there are multiple weeks of no earnings?: Hello,

I was hurt at work and have been dealing with an adjuster that is either willfully ignorant or just inept as it relates to AWW calculations. The adjuster simply took my earnings and divided them by 52 and is refusing to use Form 22.

I’ve since completed Form 22 for myself after my job gave me access to my work schedule for the 52 week pre-injury and there are over 100 days of no earnings that meet the “more than seven days in a row” guide, so the way I understand it, these are supposed to be excluded from AWW calculations.

Am I correct with my interpretation of this?

Should my earnings then not be divided by 38 weeks?

Is there a limit to how many days or weeks can be excluded?

Before you ask, the reason why my schedule looks this way is due to working in an industry that allows for folks to swap schedules around and create work schedules that may include six days of double shifts and ten days off for example.

Would appreciate any answers from attorneys who have faced something similar when dealing with adjusters and if there is any guidance from the NCIC that says anything about a maximum of weeks or days being able to be excluded.

Thank you!

Asked over 1 year ago in Workers Compensation

Michael’s answer: It sounds like you have a pretty good understanding of how average weekly wage is calculated. Your estimate of 38 weeks might be correct, but you didn't provide enough information to know for sure. Your 52-week look-back period may have a partial week of wages once you subtract out periods of 8 or more days in a row. If that is the case, you would not divide your wages by weeks, but days instead. Try to provide the adjuster with the actual wages records you used as well as your calculations. That may convince them to correct your weekly disability payment. If not, you will need to file a hearing request in order to appear before the Industrial Commission and have the correct dollar figure decided. Sometimes an experienced workers compensation attorney can convince an adjuster to adjust the AWW without going to hearing, so you may want to consider that option as well. Good luck!

Answered over 1 year ago.


How has present day value been determined in recent cases?: Hi,

I’m a flight attendant and suffered an injury to my back that is going to prevent me from returning to my job. The permanent restrictions placed on me after reaching maximum medical improvement aren’t able to be accommodated and I’m now headed to mediation, which from what I understand after reading countless articles results in a settlement in around 75% of cases.

I’m curious if any attorney would be willing to share what interest rate has recently been used to determine present day value and how many years of remaining TTD you’d consider reasonable to forego when settling for a lump sum.

From what I gather the NCIC has 8% as a guide, but surely that can’t be the rate anyone has used considering the interest rates available. The IRS shows a rate of right below 3%.

I have been receiving weekly payments of $612 and have 408 weeks remaining, which translates to slightly over 249k in today dollars.

I hope someone would be willing to share how many weeks I can realistically expect to settle for and at what discount rate based on recent personal experience.

Thank you for taking the time to read this and any insights you might be willing to share.

Asked over 1 year ago in Workers Compensation

Michael’s answer: If you are headed to mediation, I assume you already have counsel. If that is the case, I always recommend you speak with your attorney first as that person has the most knowledge about your claim.

To answer your question, there is no set discount rate to determine present value unfortunately. If your claim settles, the value of your claim will be determined by the dollar figure both sides agree it is worth. Some of the factors to consider include how long you will be out of work, the likelihood of you returning to some other employment or your benefits being terminated, and the costs for future medical treatment or vocational retraining.

If for some reason you don't have an attorney, I'd strongly recommend you retain one who focuses their practice on workers compensation. You can use the search feature on Avvo.com to research lawyers near you.

Answered over 1 year ago.