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Lyris Medrano

Lyris Medrano’s Answers

14 total


  • Can you help me

    looking for a lawyer to sue a workman compensation lawyer for me

    Lyris’s Answer

    It appears you are looking for a malpractice attorney. You will need to do a search in your area.

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  • How will my TTD be affected by my paid internship position? Does my TTD get subtracted by what I earn now?

    Currently going through Vocational Rehab training through a workers compensation claim (all in Wisconsin) from an injury suffered in 2013. On my final semester of voc rehab and as part of the training through a local technical college, I have to ...

    Lyris’s Answer

    Unfortunately, it does. We call it an offset in Worker's Comp. But good for you for being on top of this!

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  • Is it common to subpoena to doctor in a workers compensation case?

    My case is in denial and believe my hope to be lost if I cannot get this doctor to answer some key questions for my case.

    Lyris’s Answer

    I'm not sure how things work in Oregon, but in Wisconsin, it is not common for doctor's to be issued a subpoena. The reason is that the form required to prove your injury is work related has to be signed and certified by the doctor and serves to provide their expert opinion "in lieu of testimony." Sometimes doctors are brought in anyway, but it is not a common occurrence. If your claim is denied, you will want to talk to a local, experienced attorney for guidance. Good luck!

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  • Is there any compensation l might be elegible for

    I retired 7/31/2015 from the USPS. The 12/23/2015 I had surgery for Carpal Tunnel l suffered with this while i was employed. I worked 24 yrs. Is there any compensation I might be eleger for.

    Lyris’s Answer

    You may be eligible for benefits. You will need to find an attorney that practices Federal worker's compensation. Good luck.

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  • Can I resign while on light duty workers comp

    I hurt my back the beginning of December. Ive been going to doctors, chiropractors and physical therapist and now I am refered to a back specialist. I've been on light duty since then. My hours have been cut and the light duty job they've given me...

    Lyris’s Answer

    Get in touch with a good, experienced attorney in your state. I'm not sure what the laws are in California, but if this were a Wisconsin case, you would be entitled to benefits and quitting your job would effect your benefits. I would advise you to speak with someone as soon as possible. Good luck!

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  • How long do I have to stay with the employer now that I am back to full duty?

    I am in a workman's comp claim. I injured my knee and the insurance company is covering everything. I did hire an attorney but they are not answering my questions. My employer has cut my hours to 12 per week and will not give me more. I am in need...

    Lyris’s Answer

    I agree with the other posts about speaking with your attorney right away. He or she will know your case best and be able to best answer your question. Generally speaking, when an employee is working less hours due to restrictions from a work injury during their treatment or "healing" period, they are entitled to what is called TPD, temporary partial disability. It is a percentage of the difference between your average weekly wage at the time of your injury and the actual wages you earned in a given week of temporary partial disability. Injured workers in that type of situation will need to send copies of their pay stubs to the WC insurance carrier so they can calculate the benefit for each week and send them a check. If the employee quits, they may lose that and other benefits. For this reason, I advise my clients not to quit their jobs. Again I don't know all the facts in your case, so I can't advise you one way or the other, but this information may help you a little when speaking to your lawyer. Good luck to you.

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  • Do I have a case?

    I went to a dr in sept of 2015 for some right shoulder pain from my job. he scheduled an xray and ordered me to physical therapy. beginning of nov shoulder wasn't getting better so opted for a 2nd opinion. this dr ordered ct scan and scheduled sur...

    Lyris’s Answer

    The answer to your question is maybe. One of the most important parts of your case analysis will be what job duties you feel caused this work injury and you didn't mention that in your question. You may have some problems if there was a delay in reporting your injury to your employer, or if you did not tell your doctors that this was a work-related injury right off the bat. Also, if you indicated on your application for short term disability that this was not a work injury, that will complicate things as well. You really should seek the opinion of an experienced worker's compensation attorney as soon as possible. This will allow for a fuller analysis of what is going on with your claim. Because we worker's comp lawyers deal with this kind of thing every day, we know what questions to ask and can help you navigate a claim like this. The fact that you got a second opinion that differed from the first does not necessarily weaken your case significantly; you are entitled to a second opinion under the law. Good luck to you.

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  • Social security supplemental income

    I applied for ssi and ssd and was denied. I was told I can appeal the decision. I want to know what my chances are of being approved. I applied because of mental disabilities. I was not able to work from feb 2014 until december 2014. I have suffe...

    Lyris’s Answer

    You only have 60 days from the date of the decision to appeal, so you must act quickly. Talk with a good SSD lawyer in your area. Based on just the facts in your posting, you have a very tough case. That is why it is important to get in front of a good attorney who can get the whole picture and give you a good assessment. In any event, if you do choose to appeal, it will probably take a long time to get a final disposition and if you are in need, you should contact social service agencies in your area for assistance. Good luck to you.

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  • Where can i find out ppd information?

    Had a work related injury resulting in surgery for bilateral carpal tunnel. All med bills and loss wages have been paid. My Dr is saying I have a 5%ppd for one hand and and 8%ppd for the other. How do I know what % equals to a monitory amount? Als...

    Lyris’s Answer

    Attorney Wade's response is correct. If you wish to see for yourself, you can find this information on the Department of Workforce Development's website. However, it will seem a bit complicated for someone who doesn't do this sort of calculation every day.

    http://dwd.wisconsin.gov/dwd/publications/wc/WKC_1_P_11/3%20Chapter_102.pdf (pages 88 and 90)
    http://dwd.wisconsin.gov/dwd/publications/wc/WKC-9572-P.pdf (under 1/1/13; maximum wage for permanent partial, weekly rate)

    With regard to the IME, it is possible that the IME is in agreement that your injury is work related and the medical treatment you received in reasonable and necessary but disagrees with the percentage assigned. It is important to make sure you are paid the full amount. If you are not fully compensated, you should speak to an attorney again. Also, if your injury results in permanent restrictions you should speak with a lawyer. You may have other claims available to you, for example, for retraining benefits, depending on your particular situation.

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  • I was injured at work and filed an injury report with my employer. I was fired shortly after giving them doctor restrictions.

    I was injured at work ( Doctor concluded tendinitis of the elbow) and did fill out an injury report. After seeing a doctor, she put me on a 15 lbs. weight lifting restriction for 3 weeks. About 5 days after giving my employer the doctors report ...

    Lyris’s Answer

    It doesn't seem right, but actually the law in Wisconsin does not require employers to accommodate your restrictions after a work injury. If you are still within your "healing period," meaning you are treating for the injury and have not reached "maximum medical improvement", you have a claim for 2/3 of your average weekly wage for the periods of time you are under the restrictions of your doctor and your employer cannot accommodate them. This is called Temporary Total Disability or TTD. Depending on what happens with your elbow you may have other claims as well such as the unreasonable refusal to rehire claim mentioned by several attorneys above. It is best to seek the advice of a good, experienced Wisconsin Worker's Compensation attorney. Consultations are free and we can help explain the process and the benefits you are entitled to under the law at no cost to you.

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