Legal Question in Workers Comp in North Carolina

Re: What to do now?

Generally speaking,

1. I think the workers' compensation carrier needs to continue paying you weekly TTD benefits until you return to work somewhere or until otherwise ordered by the North Carolina Industrial Commission.

2. The workers' compensation carrier also needs to hire a professional vocational rehabilitation manager to assist you in your location of a job (with or outside of your employer) which is suitable to your physical capacity, education, etc. Or, they can send you back to school and retrain you.

3. Vocational rehabilitation program, however, cannot be intelligently performed without some opinion from the treating physician regarding your applicable work restrictions (if any). Cannot the doctor's history of working with other similarly situated patients, or a Functional Capacity Evaluation test, serve to measure your physical work ability?

4. Determining your permanent partial impairment rating usually has little to do with determining your permanent work restricitions. While past experience and FCE tests can serve to establish restrictions, the NC Industrial Commission asks treating physicians to use their "Rating Guide" to evaluate the numerical extent of permanent bodily impairments. Although it is just a guide (not mandatory) for your doctor, pain can be a factor considered to increase the size of any applicable rating. The "Rating Guide" is available on the Industrial Commission's website. We have links to the site on our own website at ncdisability.com.

5. You should not be punsihed because your employer will not allow you to return to work despite your willingness to do so. You may want to consider requesting a second medical opinion.

6. If you ever do return to work, but cannot continue due to injury, have doctor sign and you file Form 28U. Be sure you have already filed a Form 18 (needs to be filed within 2 years of injury date or all right expire). At end of your treatment, if you will need additional treatment in the future, ask doctor to sign and you file Form 18M. If workers' compensation carrier denies payment of checks or medical treatment, you file Form 33. All these forms, and many others that may be applicable, are also available online at the IC website, as well as a Bulletin explaining WC law in NC.

Good luck!