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got lump sum from wc and ltd deducts that over 5 years

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callmemama

Guest
My husband was injured on the job 3/5/97,w/ 20 years service.When he was released from the dr. the company said they did not
have a job suitable for him.They have another plant close by.We feel they could have found some job that he could do with the
knowledge that he had.He does have disabilities w/ limitations (brain damage), but still knows his stuff re the job that he did.It is a union plant.Can't ADA or the union do something to get his job back or make them reimburse him for lost wages? He has gone back to school, paid for out of his pocket, and is now a realtor, making less than half of what he made before,but only one year working at this.It gets better.He recently took a lump sum settlement from wc(a small pitence considering what he/his family will live with for the rest of his life).Now we find out that his LTD will be lowered every month because they are subtracting the
lump sum out of his LTD check over a 5 year period, also deducting what he makes in commissions every month (which we knew would happen).But we didn't know he would have to pay back the lump sum.He'll even have to pay back the amount the attorney got.His attorney never informed him that this would happen.I'm very angry at this attorney, he deals strictly w/ brain injury cases, he should have known this.We never would have taken the lump sum if we knew this is what would happen.In the end, he never actually received ANY compensation from wc for his disability, he's paying it back thru LTD.Anybody have any
ideas on what our recourse could be?Seek another attorney and find out if we have any options?Sue the first attorney because
he did not disclose this info to us so we could make a more prudent decision.We didn't have to take a lump sum.We could have
just let his weeks run out on wc and then the LTD would be substantially higher.As it is, we are now being billed for our medical
premiums, when we thought they would come out of his LTD check.I'm so angry, I could go postal, both of us are near a nervous breakdown.I called his attorney today and gave his paralegal a piece of my mind.I actually yelled at her at how angry
we were.I'll wait till Monday to see if he responds.Anyone have a response or feedback on this? Thanks, I know I'm not the
only one w/ problems.I hope this is not too long.

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callmemama
 



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