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Gerald Gregory Lutkenhaus
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Gerald Lutkenhaus’s Answers

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  • I was assaulted at work on a after hours call I am out on workers compensation but do I have any other legal abilities

    I was at work on a after hours call for another employee at was on call and didn't answer his call I was assaulted and they ruptured two disc in my neck and broke a bone I had surgery and have Ben out since Oct 7,th do i have any other legal actio...

    Gerald’s Answer

    Well, you certainly have a Virginia Workers' Compensation claim against the employer for this assault. You did not indicate if WC insurance is covering this. But assuming it is, I guess you are asking if you have a separate right to a personal injury lawsuit against the the employer for this assault. Unfortunately, if your employer has provided WC insurance for you, then you do not (in Virginia) have a separate right for a personal injury lawsuit against the employer. If any third party is responsible, then you may have a personal injury claim against that third party. However, the people who assaulted you may have no assets.

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  • In calculating spousal support. what is included in gross income: Food stamps, social security, section 8?

    The wife receives: Food stamps, section8, Supplemental Security Income (SSI) for children, Medicaid for children. Which ones are included in calculating her gross income? The wife does not have any other income. This is to calculate Spousal suppo...

    Gerald’s Answer

    Welfare benefits are not included but Social Security is since it is not welfare. But if you are on Social Security Disabilty there would be a dependent payment. On the other hand SSI is welfare Disabilty and there is no dependent benefit.

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  • One of my parents took my back social security checks ( 4 checks $44,000 opened them) cashed them and used them. What can I do

    4 checks equaling $44,000 at bank of McKinney. a bank they used for 30 years. told the bank I was in a coma.

    Gerald’s Answer

    This is sad news. You can report this to the SS fraud unit. Since your checks were stolen, you may be able to recover the money from SSA. However, you would need to act quickly. You may have to swear out criminal warrants against your parents for theft. I assume the money is gone and cannot be recovered. Since the checks went to their address, they may claim you gave them permission. They would have had to "forge" your signatures to cash the checks. If true, this would be a serious criminal violation and a felony.

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  • Did my lawyer screw up my injury case?

    I had a case scheduled for hearing last week. I didn't return my lawyer's calls or letter in the weeks leading up to hearing, so he filed a motion to withdraw. I didn't show up to hearing either and it got dismissed. The motion states that my ...

    Gerald’s Answer

    An attorney cannot just drop a case. The attorney is obligated to give the tribunal the reason for the withdrawal from the case. The judge or commissioner will allow the attorney to withdraw from the case if you fail to communicate with the attorney. If the case was simply dismissed you probably can re-file the claim with the tribunal. If you do so and obtain another attorney it is "your obligation" to stay in touch with your lawyer. As a lawyer it is very frustrating to represent clients who fail to keep in touch with me.

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  • I was awarded lifetime medical via WC Commission for a back injury in February... Last week my back physiatrist declared me MMI

    And returned me to full duty, no limitations, inspire of continued pain, leg weakness and burning, saying MRI is no worse than it was in Feb....what are my rights and how do I proceed? I was in the ER 2 weeks ago

    Gerald’s Answer

    You were retuned to full duty work with no limitations. The physiatrist says you are at maximum medical improvement (MMI). Yet, you continue to have problems. If you have an award from the Virginia Workers' Compensation Commission, then you have lifetime medical coverage for your injury. If you were receiving compensation under the award, then that probably ended when you were returned to full duty work. You have two (2) years from when compensation ended to file a claim for additional lost time compensation. If this ER trip caused you to miss time from work, you should immediately file for the time you lost with the Commission. You need also to return to that physiatrist and make sure you obtain his permission to return to the ER every time this flares up or else the WC insurance will not cover it. Finally, you need to make an appointment with a WC lawyer. You can use the AVVO Find A Lawyer Tool.

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  • I got released from doc to go back to full duty will insurance company give me a settlement for my injuries

    Got a fractured fibular head will workers comp give me a settlement

    Gerald’s Answer

    If you are released to full duty and there are no future medical expenses or future wage loss, then the only possibility will be if the injury has resulted in any permanent impairment of your leg. Your doctor could review the AMA Guide to Permanent Impairments to find out if your type of injury results in any type of rated loss under the Guide. If so, then you can apply to be paid for this 5%, 10%, or 20% loss of your leg. On the other hand it could be the type of injury that does not result in any rated loss.

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  • Need Advice on worker's comp???

    I have been out of work for the last three years and started receiving workers comp due to a back injury at work. My surgery was postponed several times. I feel my lawyer and the workers comp are playing games with me, and I am getting frustrate...

    Gerald’s Answer

    You usually receive WC payments because your doctor has you out of work. You indicate your WC check was stopped. This could be because the doctor did not do the surgery as planned or because of other factors. You indicate the insurer is now willing to resume payments but will not pay for the past. You should discuss this issue with your lawyer. There may be a risk in not accepting future payments. The insurer could refuse to pay you at all.

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  • Getting a settlement from workman's comp. But I owe back child support can I negotiate with them if not I'm going to walk away

    Owe back child support have 2 cases one is 13,000. And one is 15,000.00 just want to know if cse would be willing to negotiate for 7,500.00 a piece if not I'd rather walk away and not have nothing because thats what ill have when its all said and ...

    Gerald’s Answer

    If the insurer or the tribunal knows about the child support liens then the liens would probably have to be paid out of any WC settlement. CSE can be difficult to deal with. You may want to consult with a WC lawyer about this. Perhaps the lawyer could do better than $30,000.00. You can use the AVVO Find a Lawyer Tool to find a high rated lawyer in your area.

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  • Can the worker's compensation agent or my doctor dictate if I have to file a new claim with the new company?

    Last Oct., I opened a worker’s comp claim for carpal tunnel. I stopped working that job & took several months off & had physical therapy. I last saw the doctor in Jan. and expressed to him, I was hesitant to return to work, I feared the pain in my...

    Gerald’s Answer

    There is always a big difference between a "new injury" and a "flare-up" of an old injury. if you have a "new injury" than the second employer is responsible. On the other hand if your just have a "flare-up" of the old injury than the first company is responsible. Also, it is possible both are responsible. You may want to contact a WC lawyer in your area to discuss the best way to go forward. You can use the AVVO Find A Lawyer Tool to find a highly rated lawyer in your area.

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  • I wanted to know if I could sue an old employer for negligence?

    I was working for wal mart and I had picked up a box that originally contained chips , and a wal mart employee put a 15 lbs anchor in it . When I went to lift the box the anchor fell out of the bottom and landed on my foot. That was almost a year ...

    Gerald’s Answer

    It would appear your exclusive remedy would be a workers' compensation claim. When the WC laws were enacted all over the USA about 100 years ago there was a trade off. Employers agreed to get WC insurance. In return employers are insulated or protected from claims for "negligence" done by the employers or your co-employees.

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