Light Duty and Awards

Virginia and North Carolina Workers Compensation Attorney Joe Miller explains the importance of making sure you get under an Award in Virginia, particularly if you are about to be released to light duty. Until you obtain that Award, you essentially have no rights at all and you are living in a house with no roof. All that rain is going to pour down on you if you don't get that roof up to protect you by getting under an Award.

[@Yosoyjuan1]

Thank the lord i found your youtube channel!!!!

[@fleciadwyer2654]

Appeal on your body impairment rating .Help on what steps and what to do next?? Thank you for your help and support.

[@JoeMillerLaw]

As I usually indicate, my comments are limited to VA and NC only. If you case is not pending there, please seek advice from a workers comp lawyer practices in your State. In NC, you are entitled to an Independent Medical Examination (IME) AT THE WORKERS' COMP CARRIER'S EXPENSE, particularly with regard to any dispute as to a permanent impairment rating. YOU are entitled to choose the doctor, but they must be licensed to practice in NC or somewhere else if the defendants agree. That being said, even if you get a higher rating with the IME, and there is a dispute, the Commissioner is probably going to average the two ratings. He or she will likely not just go with the IME rating. This is contained at North Carolina General Statute 97-27(b). Virginia has no such provision, unfortunately, although if you can afford it, you are welcome to attempt to pay for your own ratings evaluation and perhaps the Commission will consider it. Finally, in VA and NC, no one really looks at the "body" impairment rating. What matters is whether or not you can return to your pre-injury job. The only permanent impairment ratings are given in the ratings statutes for specific body parts such as arms, legs, hands and feet. Hope that helps.

[@786kviews8]

Please, I have a question. In fact, the employer filed the form 36 to suspend the weekly benefits but after the informal hearing the judge dismissed the 36. The issue now is that the employer who already suspended the weekly payment 3 weeks before the hearing, is refusing to continue the payment. There is no other pending form. Which action the employee can take? Thanks

[@JoeMillerLaw]

I apologize for the very late response. It sounds like your claim is not pending in either VA or NC, so i would be able to respond. Please consult with a Workers Comp attorney in your State.

[@JoeMillerLaw]

This is the law in VA ONLY. Workers comp laws vary from state to state.

[@teresalanier1716]

Is this the same in alabama

[@rafflegiveaways]

Can I ask the treating physician and surgeon for a copy of work notes and reports or is that something my lawyer has to ask for

[@JoeMillerLaw]

We always tell our clients to NEVER leave their doctor's office without obtaining a copy of their WORK NOTE or Disability Slip filled out by their doctor, after every single visit and then to make to get us a copy of that note. Besides your Award, that is probably the most important document in a workers compensation case. Without it, you cannot get your weekly benefits. After they obtain the work note, we ask our clients to either bring it by the office, or scan & email or fax it to us. It takes your lawyers far longer to obtain those notes from the doctor than you walking out of the appointment with it. The sooner you can put those work notes in the hands of your attorney, the faster your benefits can be hopefully obtained, and maintained for you.

[@teateasawyer5094]

I will never understand why so much is needed from a doctor when it comes to someone health. An everybody already knows insurance doctors lie.

[@anthonywylie5771]

Good day sir I had laminectomy got 21 percent rating Insurance company gonna pay me 1600 a monthfor81/2 years iam 59 years old They me to a specialist He recommended anterior and posterior lumbar fushion since first didn’t work. Did get that much relief got new issues now it’s a month after surgery now what to expect from insurance company is it good or bad for my case?!?!?!

[@JB-mo8rs]

I was sent back light duty with the most ridiculous restrictions, including no sitting or standing for more than 10 minutes! I begged the Dr to just keep me at home, and he said, “Are you bed ridden?”….

[@JoeMillerLaw]

Sorry for the late response. Yeah, we see this sort of thing all the time, such as sending folks back with a 1lbs weight restriction. Really? Who would actually hire someone with such a restriction? If you walked into a job interview and said "I can't sit or stand for more than 10 minutes," they for sure would not hire you. It just means you are dealing with an insurance doctor. I am assuming the employer is accommodating you and having you come back with those silly restrictions. It's hard to give you more info or comment further because the laws of every state for comp are very different. In both VA and NC, unfortunately, the authorized treating physician is in charge of your work restrictions. There are some things you can do, but they are limited. Sorry you're in a rough spot.

[@JB-mo8rs]

@@JoeMillerLaw Of course, my employer took me and had me answering phones. The other ridiculous restriction was no driving! My employer said to take a bus or uber!! I’m a police officer and was told to contact a particular attorney that nobody heard of. Big mistake. The doctor he was using was totally on the side of the insurance. I was light duty for about four months and went back full duty. I dod get a reward of 16% disability and lifetime medical for my bulging disk.