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Wait time for Payment of %PPD
11-07-2011, 10:19 AM
Post: #1
Wait time for Payment of %PPD
Ohio here Smile
In '06, while working, I tugged at a cardboard liner loaded with oil filters and felt a pop in my neck; along the right side. My supervisor had me immediately go to the emergency room as was the company's protocol. I was actually working through a temp service that is self insured and they were responsible for any medical coverage or compensation. I was diagnosed with a neck sprain. I received some pain medication and exercises to do at home. As a single mom, I was anxious to return to work and made this known to my employer. I did miss a couple days per Doctor's orders to give my neck some rest and ice/heat. I returned to work in a lighter duty capacity but was working towards returning to my regular job. I was sent to different locations to work mostly office work. One week, I was scheduled to work in the company's office (the temp service office) I had worked about 4 hours and asked the receptionist where the bathroom was. She replied that the bathroom was only for employees of **** Services. I was stunned for a moment and replied, I AM an employee of **** services. She said I was a temp worker and wasn't allowed to use it but I was more than welcome to drive into town and use the one at Burger King and she wouldn't dock my pay for it! I made a bad decision and just went home. I was 'fired' for walking out on the job and being a no show/no call. On a side note, they have prevented me from applying to several other positions with companies that I was hopeful to work for. When I called the supervisor and she finally returned my call, she said she apologized for the receptionist and I should have been allowed to use the facilities but either way, I was still fired. I moved on, found another job and left it at that.
Over the years, I've had increasing trouble with my neck. I cannot turn my head left and have limited ROM to the right. I get headaches and the muscles in my neck remain tense and tight and my doctor and chiropractor said they can't believe it won't relax. The headaches are debilitating sometimes. Muscle relaxants no longer work. I decided to go to my orthopedist and x-rays show mild arthritis and possible disc degeneration. He, too, cannot explain the ever present tenseness in my neck. A friend's husband had just gone through a long process with worker's comp and she told me I could log online and check out my old claim. So, I did and filed for %ppd. A couple months later, I received an exam through the BWC and was determined to be 3% whole body. My chiro sent in his exam info and found me to be 8%. A hearing was held and the SHO determined me to be 5%. My question right now is, how long before I receive any compensation? I read one website that stated the decision of the SHO was final and yet the papers I received from the IC state either party can appeal within 14 days. I am just wondering what to expect. This has been such a long time coming. I never received a dime from BWC during my light duty work and never knew I could have applied for wage loss compensation. Could this possibly be dragged out indefinitely? If the company doesn't appeal, can I expect to receive some money soon or can the company prolong that too? Do I have any other options beyond this %ppd payout as my neck gets worse?? I thank you so very much, in advance, for any suggestions, insight and advice you provide.
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11-07-2011, 02:27 PM
Post: #2
RE: Wait time for Payment of %PPD
you should contact the ombudsman's office for more detailed information about the options in your claim.
http://www.ohiobwc.com/home/contactus/ombuds.asp

yes either party has the right to appeal a court decision.

if you are at maximum medical improvement then your neck disability should not get worse. you can dispute the finding of MMI by taking your medical evidence back to the comp court.

you may need legal representation to help you thru all the legal options.
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