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Nicholas G. Pothitakis
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Nicholas Pothitakis’s Answers

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  • I signed a Mediation Settlement form for a Workman's Comp Settlement, does that bind me to the agreement ?

    I signed a mediation form but have not signed the formal documents on my workman's comp claims. Since I have signed the form does that commit me to sign the formal forms if I have changed my mind to agreeing with the settlement?

    Nicholas’s Answer

    If this is an Iowa Workers' Compensation case an oral agreement to settle a work comp case can be binding. The fact that you have not signed the settlement documents does not mean you can back out without a good reason. The insurance company can file an action to force you to comply with the mediation agreement. There may be reasons you can avoid the mediation settlement. I would suggest you discuss this with your current workers' compensation attorney or another attorney familiar with Iowa work comp matters.

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  • How long does it take for decision by deputy commissioner?

    How long does it usually take to get a decision by deputy commissioner? Workers compensation hearing six months ago, final hearing report sent in five months ago.

    Nicholas’s Answer

    There a several Deputies that preside over a Workers' Compensation case in Iowa. Depending on which one you draw for a hearing will typically determine the time it takes for a decision. They are all have heavy case loads and depending on how many hearings they have had before yours can also affect the time. Most Deputies tend to get decisions out in about 3 to 6 months. Some times a decision can be provided in a few weeks. In some instances the decision may take a year or more.

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  • I was hit by a car and require ongoing medical care, the insurance company wants me to settle, is this a good idea?

    I was in a vehicle collision over a year ago that totaled my car and caused me to need ongoing chiropractic care, the insurance company has begun to pester me now about settling. I have no idea if i should or what kind of monetary value to ask fo...

    Nicholas’s Answer

    The value of your case will depend on a number of facors that a competent personal injury attorney can help you determine. Most attorneys will handle your claim on a contingency fee -where they receive a percentage of any recovery.

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  • Can you go back on an employer for CTS after being fired ?

    I have worked for a manufacturer for 23 years in production in which I have struggled with and have been treated for CTS which never worked. Now I have been terminated, for a so called bad attitude unrelated to my CTS. Do I have legal rights to go...

    Nicholas’s Answer

    • Selected as best answer

    Yes. You would need to give notice of the injury/condition to your employer. The deadline is 90 days to give notice so do so promptly. If you are beyond 90 days from the date of your termination you may still be able to bring the claim based on what is called the discovery rule. Your termination has no affect on your ability to bring your claim. I would suggest you contact an attorney who handles workers compensation claims in Iowa for additional advice on how to handle your situation.

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  • Are these good terms for a Workers Compensation Case?

    My fiance was injured while at work at a Meat Processing Plant over a month ago. He hurt his shoulder lifting meat. 2 wks ago he was working at work & again his left shoulder gave out from it being hurt. He reported it & seen the Plant Nurse who d...

    Nicholas’s Answer

    Your fiance' needs to talk to an attorney who can help him obtain medical care under the Iowa Workers' Compensation system. He is entitled to medical care for the work related condition and the employer and insurance carrier are required to provide this care at there expense in a prompt fashion. The problems he is experiencing is similar to what many injured workers face- they are treated differently and in a negative fashion after sustaining an injury. It is unfair and inappropriate and in some cases can be against the law. These are issues that an Iowa Workers' Compensation attorney can provide you assistance with and can help to level the playing field.

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  • How much is a 5% whole body rotator cuff and torn bicep injury workmans comp case worth in the state of iowa?

    I haul equiptment for a large construction company,that i have worked for for 8 years and while taking a roller off of my trailer,while my ramps were only pieced together, causing my roller to go off the side of my trailer . I hung on to the steer...

    Nicholas’s Answer

    Your injury is considered an injury to your body as a whole and is therefor compensated based on the industrial disability sustained as a result of the injury. The raring is one small factor in what your entitlement is under Iowa law. The question that determines your entitlement is how the injury affects your future ability to work and earn a living. A 5 percent impairment based on a shoulder injury could be worth less or much more depending on your age, education, restrictions, past work history, ability to work your employment position and other factors. Based on these factors a finding is made as to what percentage of your earning capacity has been lost because of the permanency of the injury. A 5 percent shoulder could result in a 100 percent loss of ability to work or some other amount. Because of the complexity of your ultimate entitlement under Iowa law, I think it would help you to talk to an Iowa workers compensation lawyer. Most in the state will provide you a free consultation to provide you advice.

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  • The worse wirst injury in iowa state like a doctot said and only 10% of lost?

    i had wrist injury with 2 broken bones,3 dislocated, carpel tunnel, and arthitis, and my motion are very limited ican't move it up and down only little degrees and side to side too plus my thumb it doesn't reach the small finger and my point fing...

    Nicholas’s Answer

    The rating on an injury can be very subjective and for that reason the number assigned can vary depending on the doctor reviewing the matter. For that reason it is important for you to obtain a second opinion on the rating. If the claim is accepted under Iowa Code Section 85.39 the employer/insurance carrier is responsible for the expense of a 2nd opinion- so for that reason their is no reason to seek one. Another thing you need to consider is whether the injury qualifies you for a Second Injury Fund Claim. This can result in additional benefits as a result of the injury and how the injury affects your ability to work. You should speak to an attorney about these issues as they may be able to help you to obtain a higher -more accurate- rating and additional benefits.

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  • Can my Workmans Comp. Dr. make me go back to reg. duty 6 wks. after my surgery even tho Im still in alot of pain?

    I had Carpal Tunnel/ Trigger finger surgery done on both hands at same time. 6 weeks after surgery my Dr. took me of restrictive duty and put me back on reg. duties at work. I am still in alot of pain. Dr. told me that it was all in my head or my ...

    Nicholas’s Answer

    Under Iowa Workers Compensation laws you can file for alternate care if you are unhappy or unsatisfied with the care you are provided. The employer/insurance carrier are allowed to direct care, but if the doctor is not providing appropriate care, an alternate care petition is the way to seek a new doctor. With respect to a 2nd opinion, under Iowa law if you receive an impairment rating, you are entitled to a second opinion at the employers/insurance carriers' expense. (Iowa Code Section 85.39)

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  • I'm receiving Worker's Comp and was forced on FMLA then they took all my vacation. Can they do that?

    I work for a casino. Peninsula Gaming is the parent company.

    Nicholas’s Answer

    If you are off of work as a result of your Iowa workers' compensation injury your are entitled to weekly workers' compensation benefits. Your employer can likely count your time off toward your FMLA leave. With respect to vacation pay, this would depend on your employment contract or rules. Even if you are required to burn vacation, this would not reduce the obligation of your employer to pay workers' compensation. My website would have additional information - www.pothitakislaw.com.

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  • Should I talk to an attorney if I've been injured at work,had two surgerys,still not back to work?

    meniscus tear did'nt heal correctly therefore a high tibia aseotomy was done

    Nicholas’s Answer

    I think it is very important for you to talk to an experienced Iowa Workers' Compensation Attorney. You are entitled to benefits related to your injury. If the injury and surgeries leave you with some limitations and/or restrictions you need to make sure to protect yourself and pursue workers' compensation benefits. Many workers' compenstion attorneys will provide you a free consultation. You should take advantage of that consultation as there are many complex issues that you may face as a result of your injury.

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