Legal Question in Workers Comp in Michigan

workers compensation settlement

I am an R.N., I injured my back at work and it took months of going to the work comp board with my lawyer. I needed surgery, but work was denying me workers comp. My lawyer finally said to just have the surgery. I did and months after that I settled for a smaller cash amount, weakly benefits, and to have all my Paid time off hours returned to my PTO bank. I returned to work part time as I could tolerate the pain. After about three months, my place of employment quit compensating me for the hours I didn't work, and told me my workers comp ran out. They told me I should be working full time, but denied me to take any narcotic pain medication, which I need to take most of my pain away. They also have not returned my PTO time to me. I spoke to my lawyer, he said we would have to go back to court, he has not sent me any paper work to start a new hearing. I am a single mother and I can not pay my bills on part time. I am so depressed, not only because of the severe pain, but also because of the uncooperation with my place of employment. What should I do? I can't go on like this much longer. Please help me.


Asked on 10/31/07, 12:30 am

2 Answers from Attorneys
William Stern William Stern, P.C.

Re: workers compensation settlement

Your only alternative is to file anew petition and let it wind its way through the system. You'd probably be better off utilizing the services of your prior attorney because that lawyer is familiar with your situation. However, you do have the option of switching lawyers. William S. Stern

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Answered on 10/31/07, 10:06 am
William Stern William Stern, P.C.

Re: workers compensation settlement

Your only alternative is to file a new petition and let it wind its way through the system. If you tried your case to completion, the burden would be on the employer to cut you off. In that case, you could ask for a Rule V hearing requesting penalties for wrongly cutting off the benefits that had been ordered to be paid. However, if you settled and did not allow the magistrate to making a ruling, you have no alternative but to file a new petition. You'd probably be better off utilizing the services of your prior attorney because that lawyer is familiar with your situation. However, you do have the option of switching lawyers. William S. Stern

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Answered on 10/31/07, 10:09 am


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