|Author||Subject: Re: going back to work be fore final decision?????|
|Marty|| Posted At 15:02:41 06/28/2000
Employers don't have to take you back if you're not 100% even though there's incentives (free equipment, etc) if they do.
Expect an IME soon to dispute the 51% rating.
Call the Ombudsman for injured Workers 1-800-927-1271. Write down your questions before calling.
You're in a catch 22 situation. If the doctor says you're medically stationary (will not improve medically with time) you'll have to try to get retraining (school, etc.)
The rules say that after schooling you must earn 75% of your former wages. Your actual former wages can exclude many things like having had two jobs, overtime, bonuses, etc. so base it on your temp disability check instead. If you were earning less than about $10 an hour before your injury they can force you to accept a minimum wage job.
Talk to the Ombudsman since I'm not an expert in this field, just another work comp victim.
If you find work the carrier will say you don't need retraining.
IF THE CARRIER APPROVES RETRAINING DO NOT CHOOSE ANY INSURANCE COMPANY EMPLOYED VOC COUNCELLOR. THEY WILL DRAG THE TESTING PROCESS OUT FOR SEVERAL MONTHS, SAY YOU HAVE NO APTITUDE FOR TRAINING IN ANY DECENT TYPE OF WORK, WHILE DURING THE DELAYS OFFERING YOU NEXT TO NOTHING TO GIVE UP THAT BENEFIT. This is another starve-out tactic since you won't be given temp wage replacement during this entire training evaluation time.
YOU'LL AVOID MOST OF THIS DELAY BY CHOOSING AN INDEPENDANT VOC PERSON.
Good luck, Marty
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