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when does the negotiating start? (Alabama
12-04-2011, 11:26 PM
Post: #1
when does the negotiating start? (Alabama
My hubby hurt his back on the job on 4/14/10, 1st back surgery 6/14/10, 2nd one 3/123/11. He was pronounced MMI on 9/27/11 and referred to PM. At which point is our attorney to get on this and get it settled like he so pretty much said it would be settled by the end of the year or be in litigation by the end of the year. So far. . . . nothing. Anyone have any ideas, opinions, advice?
Thanks
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12-05-2011, 12:35 AM
Post: #2
RE: when does the negotiating start? (Alabama
permanent impairment benefits can be determined once there is a rating.
did the doctor do a rating?
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12-05-2011, 10:54 AM
Post: #3
RE: when does the negotiating start? (Alabama
There is no mandatory settlement in workers comp. Benefits can be paid over a period of time up to the maximum period, based on the permanency of the disabling injury.

DISCLAIMER: I am not an attorney. While drawing from my professional training and experience in law enforcement and as a former Paralegal, no comments offered should be considered as legal advice.
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12-05-2011, 12:18 PM
Post: #4
RE: when does the negotiating start? (Alabama
yes, he was rated 25% BAW as well as lifting, standing, walking and sitting restrictions.
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12-05-2011, 01:33 PM
Post: #5
RE: when does the negotiating start? (Alabama
you need a comp hearing scheduled. this will stimulate negotiations.
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12-05-2011, 05:34 PM
Post: #6
RE: when does the negotiating start? (Alabama
(12-05-2011 12:18 PM)beckyandac Wrote:  yes, he was rated 25% BAW as well as lifting, standing, walking and sitting restrictions.

The rating has little to do with the restrictions, although they pretty much accomplish the same thing.

In Alabama, for a PPD (permanent partial disability) the maximum number of weeks for benefits is 300. That means that 25% of the 300 weeks would limit the benefits to 75 weeks. So whatever the 66 2/3% of the AWW has been (the original TTD) would be paid over the 75 weeks.

You can find more here:

http://dir.alabama.gov/wc/benefits.aspx

As 1171 says, your attorney should schedule a hearing to negotiate a "cash buy out" of the weekly benefits. I promise you, though, any cash lump sum will be much less than the weekly $$ times the 75 weeks.

DISCLAIMER: I am not an attorney. While drawing from my professional training and experience in law enforcement and as a former Paralegal, no comments offered should be considered as legal advice.
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