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Work Capacity – Department of Labor Samples

The Department of Labor Uses a DOT (Dictionary of Occupational Titles), to determine what work classification to assign to particular jobs. Work classifications include sedentary work, light work, medium work, heavy work and very heavy work. Workers will be assigned to a particular work classification depending on their physical restrictions. For example, sedentary workers can …

New Pressure to Resolve Cases and Obtain Vocational Rehabilitation

There is a plus side to the new North Carolina Worker’s Compensation law as it relates to vocational rehabilitation professionals. N.C.G.S. 97-32.2. can now be used to pressure the insurance carrier to resolve your claim and to get you retrained for new work. Prior to the new law, vocational rehabilitation was rarely a viable option …

Pressure from Vocational Rehabilitation Professionals in North Carolina

In 2011, North Carolina passed a revised Workers’ Compensation Law. One of the changes makes it easier for vocational rehabilitation professionals to help the insurance carrier cut off worker benefits. There are two key time frames from the point of view of the law. The first is before the worker reaches maximum medical improvement. (MMI) …

Additional Medicare and Workers’ Compensation Issues

When a Worker’s Compensation Medical Set-Aside Arrangement is made, the worker should know several things: The worker cannot use the money for any other work injury or for items not covered by Medicare, like dental expenses. It’s best to review what expenses Medicare does and doesn’t pay with your North Carolina Workers’ or Virginia Compensation …

Medicare and Workers’ Compensation- Prevention of Double Recovery

The reason for a Medical Set-Aside (MSA) is to prevent a double recovery. Simply, the federal government, through its Medicare program, believes that your worker’s compensation benefits are the primary source for payment of worker related injury expenses. Medicare wants to make sure injured workers are not paid twice, once by Workers’ Compensation carrier and …

What Is the Medicare Set-Aside Requirement (MSA)?

Part and parcel of any settlement calculation of a workers’ compensation claim is figuring the costs of future medical care. Ideally, the calculations will be perfect and the money the insurance company pays for your medical care matches what you actually need during your lifetime. Often, though, the calculation is not correct and you end …

Medical Non-Compliance

In addition to using a nurse case manager and a vocational rehabilitation counselor to try to terminate your workers’ compensation benefits, there are other indirect tricks the insurance carrier for the employer will try.

Rehabilitation Transportation Costs and Other Costs

The employee is entitled to be reimbursed for expenses incurred in meeting with and complying with the Vocational Rehabilitation Officer. This includes mileage costs to see the VCR for rehabilitation meetings and the mileage cost to attend interviews, obtain and return applications

Medical Aspects of Vocational Rehabilitation-the Nurse Case Manager

The Virginia Workers’ Compensation Commission has many guidelines for the Nurse Case Manager counsel regarding the medical treatment of the employee. These guidelines hold that:

The Role of the Employee’s Lawyer in Vocational Rehabilitation

The employee is entitled to hire an attorney to represent his worker’s compensation cases. Our firm strongly suggests every claimant have qualified Virginia legal Workers Compensation counsel. The Guidelines from the Virginia Worker’s Compensation Commission directly address the role of the employee’s attorney as follows: