Legal Question in Workers Comp in District of Columbia
Partial disabiltiy entitlement
i am currently receiving PPD in the amount of 248.63 per week. I am getting ready to go to court for Total Disability. I am 37% disabled according to doctor. If I am denied permanent, and have to go back to work, can I get a lump sum of payment for my partial and how much would I receive. I have been receiving PPD for approx. three years.
1 Answer from Attorneys
Re: Partial disabiltiy entitlement
First, please understand that I am a Maryland attorney responding in accordance with Maryland law.
The percentage of disability is medical determination. As such this is a factual matter. Obviously physicians may disagree and this is to be resolved through your upcoming hearing. I cannot discern whether this hearing is or is not beneficial or necessary without discussing your case further.
It is important that you understand the classification system. Maryland law identifies several tests that apply to a determination of total permanent disability. The statute does not define this matter and factual implications apply as well as case law.
Please recognize that your going back to work is an part of the statute's intent but that going back to work may, in certain instances, compromise any settlement, if any, that you may receive. Worker compensation settlements are not required by statute but are part of judical application of the law.
Worker compensation claims present many matters for which the assistance of an attorney is highly recommended. Contact an attorney for assistance.