PTD

[Cervical_Fusion]

Not sure if the initial that i used are the correct ones, but I would like to know if anyone on here has or had filed for Permenant Total Disability through workmans comp. That is what my attorney has in his plans to do for me when my temporary total stops. Which it will stop when my dr says i am at MMI. The fee for this process is 10 grand. Sounds like a lot of money to pay but if the outcome is sucessful then it is worth every penny of his fees. If you have ever filed or are considering fileing for Permenant Total through WC I would love to hear your experinces, and process in doing it. My attorney wants to do this instead of trying to settle with them, so i can keep my medical and them continue my payments for the rest of my life. He is afraid to put a number on what the feels my claim is worth for some type of settlement, because there is so much involved in my claims. Anyone have any help on this subject?

[1171]

is the $10K paid whether he is successful or not?
or only if you are awarded PTD/

[Cervical_Fusion]

(04-19-2011 11:42 AM)1171 Wrote:  is the $10K paid whether he is successful or not?
or only if you are awarded PTD/

Only if awarded

[1171]

(04-19-2011 12:41 PM)Cervical_Fusion Wrote:  

(04-19-2011 11:42 AM)1171 Wrote:  is the $10K paid whether he is successful or not?
or only if you are awarded PTD/

Only if awarded

fee is proportional to the value of benefits obtained.

live long and prosper....

[freebird]

My Attorney feels opposite from yours and this might be because of "differences" in our Injuries

My Attorney says it is extremely difficult to be found PTD unless you are a older person with a very severe Injury.
He thinks it is better to settle and I think the IC on your part will not go for PTD and open medical for life. This type of settlement is rare per my Attorney because the IC wants a C&R so they will be totally off the books of the IW.

The WC Doctor on my last IME found me PTD BUT that does not mean a Judge will find me PTD. It is a gamble that you could lose and be left with ..... Just my opinion but never leave it in the hands of a Judge if at all possible.

I would rather settle and have a MSA; that way I am in control not WC.

[Cervical_Fusion]

I just ran across this notice what the State Supreme Court defines as a permenant total disability:

EXCELLANT, finally. GOOD FOR OHIO I hope other States will follow.
Ability to Perform Occasional Activities Does Not Bar Permanent Total

State ex rel. Lawson v. Mondie Forge (12/1/04), 104 Ohio St.3d 39, 2004-Ohio-6086:

Issue: Was the injured worker's ability to occasional performance of activities beyond his restrictions evidence to terminate PT and find fraud?

Background: Lawson worked as a heavy laborer. He was awarded permanent total in 1994.

In 2001, the BWC started investigating Lawson for fraud. It compiled a listing of various activities he had performed for the village where he worked, most of which he performed for free. It also conducted videotaped surveillance over two days.

The surveillance evidence was provided to Dr. D, who indicated that the activities were not consistent with the finding of permanent total.

The BWC moved to terminate permanent total and find fraud. The Commission did so, and Lawson filed a mandamus challenge to this decision in the Court of Appeals. The Court of Appeals denied the challenge and Lawson appealed.
Decision: Supreme Court reverses, and finds that the evidence supports continued permanent total and did not demonstrate that Lawson had committed fraud.

Permanent total means the inability to perform sustained remunerative employment. In this case, there is evidence of various activities, but not evidence that they were "sustained."

The Court states:

One of the most enduring (though not often explicitly stated) misconceptions about PTD is that once it is granted, the recipient must thereafter remain virtually housebound. This is a fallacy. PTD exempts no one from life's daily demands.

The Court also notes that individual actions should not be taken out of context. Although some of the activities Lawson did were beyond his restrictions, the vast majority were not. Although there was evidence that Lawson performed occasional activities beyond his restrictions, there was no evidence that he performed such activities on a sustained basis. The evidence only demonstrates irregular activity over eight years, and therefore does not support the Commission's finding.

Editor's Comment: The Court in this case recognized that permanent total disability is the inability to perform sustained remunerative employment. The Court's holding is similar to its decision in State, ex rel. Gobich v. Indus. Comm. (11/24/04), 103 Ohio St.3d 585, 2004-Ohio-5990.

[bronco54501]

Very intresting reading, I often wondered how they decide one is ptd through wc... Depending on the fce and after abdomin scar tissue is resolved, that is what my attorney is going for.. I questioned his thinking, and now I read this and the picture is much clearer.. My problem is I am only 41 and can see wc fighting me tooth and nail......

[Cervical_Fusion]

(04-20-2011 11:55 PM)bronco54501 Wrote:  Very intresting reading, I often wondered how they decide one is ptd through wc... Depending on the fce and after abdomin scar tissue is resolved, that is what my attorney is going for.. I questioned his thinking, and now I read this and the picture is much clearer.. My problem is I am only 41 and can see wc fighting me tooth and nail......

Bronco I am 55 and my attorney told me the earlier i file for permenant total the easier it is to get, because the older you get the more they seem to think that u are looking for a retirement check out of them, as u can draw SSDI and permenant total 100 percent for both with no offset of the two, when you reach full retirement age. So really that is when the full benefit of permenant total is really felt for the injured worker.

---

Bronco this is the part of the above post i like the most::Editor's Comment:

The Court in this case recognized that permanent total disability is the inability to perform sustained remunerative employment. The Court's holding is similar to its decision in State, ex rel. Gobich v. Indus. Comm. (11/24/04), 103 Ohio St.3d 585, 2004-Ohio-5990.

Is the above example very close, i feel very close to the same defination that SSA uses for their defination for awarding SSDI or am i missing something.or just on the wrong page???--------------------------------------------------