VR councler - Entitlement or not?

[maxpane]

What is the name of your state (only U.S. law)? Nebr.
Ive been working on getting an appointment set up to see a vocational rehabilitation councler and to get a loss of earning power evaluation. I havent heard anything back from WC insurer yet other than the request would need to be brought to legal council. I did my research to find out what my state requires and I do meet all of the requirements. The only thing is they always referance wages at the time of injury vs wages now and the difference is always said to be less now than at the time of injury. Thats not the case with me because that was 7 years ago and i was moved from physical laborer to supervisor at the same job. Ive been there 25 years now so im kind of part of the woodwork and allowed to do whatever it takes to get through the day. My concern is with my back injury and sedentary restictions I wouldn't be employable in my area or anywhere else if i lost or left this job. Am I entitled to an evaluation or do I look forward to more hassle from my wc insurer.
Thanks

 

[Ladyback1]

What is the name of your state (only U.S. law)? Nebr.
Ive been working on getting an appointment set up to see a vocational rehabilitation councler and to get a loss of earning power evaluation. I havent heard anything back from WC insurer yet other than the request would need to be brought to legal council. I did my research to find out what my state requires and I do meet all of the requirements. The only thing is they always referance wages at the time of injury vs wages now and the difference is always said to be less now than at the time of injury. Thats not the case with me because that was 7 years ago and i was moved from physical laborer to supervisor at the same job. Ive been there 25 years now so im kind of part of the woodwork and allowed to do whatever it takes to get through the day. My concern is with my back injury and sedentary restictions I wouldn't be employable in my area or anywhere else if i lost or left this job. Am I entitled to an evaluation or do I look forward to more hassle from my wc insurer.
Thanks

Please, please, please get an attorney.

I understand and agree with your point that if your time of injury employer lays you off/fires you for any reason, you may not be employable. However, WC is probably not going to see it that way. You maintained employment throughout your injury with the SAME employer, and are in fact making more than at the time of injury--getting a Voc Rehab assessment/loss of earning potential assessment may be fruitless because the insurer is going to argue that no one can predict the future and why should they be penalized (meaning pay money) for something that may or may not happen(your loss of your current job) Plus, they are not going to want to pay for vocational retraining because you are currently working a position making more money.
You ARE entitled to a permanent impairment rating though, if you have reached maximum healing. However, any impairment award you receive is going to be based on your time of injury wages vs. your present earnings (most likely--at least in every state I have worked claims in that is how it goes). Have you received an impairment rating? When did you reach max. healing? Has that impairment been paid out?
Your case/claim is complicated (as evidenced by the fact that it is still active after 7 years! That is forever in the WC world! You need professional advice and assistance to make sure that the hassles you have to endure are not unnecessary, and that you don't miss something.
WC is an ugly business. Many insurers/third party administrators have in their "customer service instructions" to make the claim as cheap as possible, even if that means not taking care of the injured worker.
Find an attorney now....

 

[maxpane]

Yes it is a complicated claim and i have had a "complex" claims manager for a few months now. I had my second empairment rating in 2009 and am still recieving PPD benifits but they end soon. In 2011 I had a IME and was deemed not to be at MMI. Many test later i ended up with the spinal cord stimulator. I am recently at MMI for the third time now. I have discussed all of this with a couple different lawyers and one was for a new rating and the other the LEP. Niether would say they could get me higher benifits than I could on my own so thats the only reason I haven't hired one. Maybe I just havent found the right one.