My wage check is often/always late. What should I do?
Posted by Michele Lewane | FAQ
A: If you are under an Award and the benefits check is more than 14 days late, you can file a claim with the Virginia Workers’ Compensation Commission for penalties for the late payments. If the Commission agrees, a penalty of 20% of the total of the payments that are late will be ordered. However, …
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My nurse case manager wants to switch my treating physician but I don’t agree. What should I do?
Posted by Michele Lewane | FAQ
A: You should never permit your nurse case manager to switch your treating physician without your consent. This comes close to violating the workers’ comp rules. Sometimes, a nurse case manager will try to switch your physician when the physician’s medical opinion of your condition is inconvenient for the insurance adjuster, particularly with your work …
How do I change my workers’ compensation doctor?
Posted by Michele Lewane | FAQ
A: Once you have started a course of treatment with a doctor, he/she is considered your workers’ compensation doctor and you are required to continue seeing them in order to receive your workers’ compensation benefits. If you would like to change your doctor, it must be approved by your employer or insurance carrier before you …
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Why does workers’ compensation insurance have to know about my auto accident?
Posted by Michele Lewane | FAQ
A: For an automobile accident that took place before your work injury, the workers’ compensation carrier will want to know if you injured the same body parts before to verify that the work injury is responsible for your need for treatment. If the automobile accident took place after the work accident, then the workers’ compensation …
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What is a Medicare Set aside?
Posted by Michele Lewane | FAQ
A: A Medicare Set Aside, also known as a MSA, is the amount of money it is estimated will be required to protect Medicare’s interest in the future. This amount is determined by a company who specializes in preparing Medicare Set Aside proposals, typically hired by the workers’ compensation carrier. The company will look at …
How will my Social Security Disability benefits be impacted by my workers’ compensation benefits?
Posted by Michele Lewane | FAQ
A:Your Social Security Disability benefits can be offset by any wage loss benefits you receive in a workers’ compensation claim. However, it also means that the amount of the workers’ compensation benefits that are being offset become taxable income. If you are concerned about your benefits, you should have us review your case and help …
How does short term disability apply in Virginia workers’ compensation cases?
Posted by Michele Lewane | FAQ
A: Workers’ compensation cases involving short-term disability can become complicated. Generally, they are mutually exclusive. Income may be replaced if a worker is on short-term disability. Usually, if your workers’ compensation claim is denied, you should apply for short term disability. Each disability policy is different. It is private insurance with different types of exclusions …
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What can I expect when I meet with a vocational rehabilitation counselor?
Posted by Michele Lewane | FAQ
A: At the initial interview, the vocational rehabilitation counselor gathers information about you: your prior work history, prior work skills and education, criminal history, and your general interests. Thereafter, you generally meet at a public place such as a library or restaurant. The counselor will put a resume together for you and give you five …
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What Happens After Maximum Medical Improvement (MMI)?
Posted by Michele Lewane | FAQ
Once you reach Maximum medical improvement ,your doctor will likely recommend a FCE (Functional Capacity Evaluation) to establish permanent restrictions. Sometimes, the permanent restrictions can mean a change in employment status. The FCE is a very important test and you need to understand what it is and to be prepared for it. This test can determine necessary impairment ratings, …
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What is a Functional Capacity Evaluation?
Posted by Michele Lewane | FAQ
A: A Functional Capacity Evaluation (also referred to as “FCE”) is a detailed series of tests performed by a licensed physical therapist to determine if you have any physical limitations as a result of your injury. The test is quite lengthy, often lasting up to four hours. You will be performing activities and doing tests …
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