Legal Question in Workers Comp in Alabama

workers comp

i am mmi from a neck injury that resulted in surgery of c3/4 ruptured into spinal cord i am left with bulge at c6/7 and a syrinx at same level. i am now working with an atty to try to settle,i told her i do not want to return to this company because of the way they have acted towards me.i get a call from my employer today saying they have work for me within my fce parameters.which they never had before.my atty now tells me i have to go, or i won't get a settlement this is not what i was told by her before. what can i do ?i have a 13% whole body, and just want to settle all of it and go my own way.


Asked on 5/06/08, 5:47 pm

1 Answer from Attorneys

Jon Lewis Lewis, Feldman, & Lehane, LLC

Re: workers comp

Since you have an attorney, you need to rely on your attorney. Notwithstanding that, I would get the company to provide you with a written description of the work they intend to have you do within your FCE restrictions to make sure everyone is clear as to what those restrictions are, and they can't terminate you down the road because you refused to do something outside your restrictions. You could ask for a panel of four physicians if you haven't already to see if the FCE restrictions are appropriate. In a lot of situations, FCE's are tools used by the insurance companies to require you to go back to work essentially. You are entitled to compensation based upon the 13% impairment. You are not entitled to a disability if you can go back to work making the same amount of money you were making before the accident. Impairment and disability are two different things. Here's an example: If a lawyer and a piano player lose their left hand, they both have the same impairment rating under the AMA guidelines, but they would have vastly different disability ratings because the lawyer could still practice law, but the piano player could not play any longer, theoretically. I hope that helps. [email protected].

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Answered on 5/09/08, 9:53 am


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