Legal Question in Workers Comp in Washington

when does a workmans comp.claim become a perm. disability

my husband was injured with pesticides in1993 his claim is still open and is receiving medical treatmentand checks he speaks little english,does not read or write in spanish or english and has no education or job skills other than farm work he has been diagnosed with multiple chemical sensetivity with all the allergies and panic attacks and memory loss short term and long term at this time they now want to try to retrain him at what point do they consider this a perm. dis.Ihave ordered a hand book from wa. it states that wa. now recognizes this illness as a perm dis.I am worried that they may be up to something could you pleas give us some advice


Asked on 8/23/01, 9:46 am

1 Answer from Attorneys

Paul Bryan Paul W. Bryan, Attorney at Law

Re: when does a workmans comp.claim become a perm. disability

Permanent disability happens when the claimant cannot perform any gainful employment on a reasonable continous basis as a result of the covered condition. More directly, the Department (or employer if it is a self-insured claim) is trying to see if they can come up with something that they could train him to do that would let them off the hook. Maybe they are doing a vocational evaluation, in which case they very well may determine he would not benefit and move it to a pension. Generally, If you feel the department is up to something, they probably are. My advise is to either wait and see, and when you are sure they are trying to trump up a bogus job to close the claim, or you may call me and we can fill in the details. You may not need an attorney, but you should seriously consider it at this point. The way I handle it is to get the info and guide you, if possible, so you can continue on your own without a fee or actually hiring me until it is clear you need representation. At that point I will tell you that you need to hire an attorney, and it is your choice to either go with me or seek out someone else.

Vocational plans are complex, and if total disability is on the line, you should definitely have guidance. Call and speak either to me or my assistant Pamela (who has many years of experience with vocational issues)and we will be happy to fill you in without any charge or obligation to hire us. The number is 1-800-599-9226.

Whether or not you call me,I strongly advise you and your husband to get legal help before you venture into any vocational retraining program. They can run you over.

Yours Truly,

Paul Bryan

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Answered on 8/27/01, 6:23 pm


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