If I was working my reg. job, as a caregiver, and i have a seasonal buisness on the side,doing daycare, and i get hurt on my reg job, and its my back, i need surgery, i seen the IME Dr. and he says i need surgery, but, he didnt think it happend on my job, and i told my attorneys i wanted to stay in an fight and NOT settle. They told me its gonna be a 8-12 month wait with no $ from workmans comp, and no approved med coverage, an office visits. Do I have to close down my seasonal buisness, doing daycare, while they are trying this case? I am not the one working, i have a worker, but the checks still come in my name. Do I have to stop my xra income?
1 Answer from Attorneys
1.) If your regular job knew about your daycare business, it is a complication. To your benefit, ALL of your income must be added together to calculate your AWW (average weekly wage). On the other hand, the continued income is an offset against your TTD. Talk to your attorney before you simply divert it or stop it because the employer may still seek an offset if your work-injury does not prevent you from earning the money.
2.) Ask your attorneys to file a 19(b)(1) Motion. They will have a Hearing within 60 days and a Decision within 14 days.
3.) The real question is whether you have a credible treating physician and whether your doctor has been memorializing your care and whether he memorialized the mechanism of injury. There is NOTHING that your attorney can do without a strong medical opinion. If the medical records are not clear and you need to take depositions, it will add at least 2 months.
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