What if Multiple Work Injuries Lead to Total Disbility in Oklahoma:

The Multiple Injury Trust Fund is a provision of the Oklahoma Workers Compensation Statutes that is supposed to assist those employees who have suffered numerous work injuries and on the whole the work injuries have rendered the Oklahoma worker to be totally and permanently disabled.  The fund has undergone countless revisions since 2005 and is increasingly under pressure from insurance company’s and their attorneys to limit is funding and those who will qualify for benefits under the trust fund. The rate of compensation from the Multiple Injury Trust Fund is commensurate with the last permanent partial disability rate the injured Oklahoma Worker was paid during the latest compensible injury that was paid by the employer.

The following provicions are taken from the Oklahoma Workers Comp Statutes Title 85 Chapter 19 and limit and define how and when an injured employee can collect compensation from the fund.

. PTD compensation from the Multiple Injury Trust Fund shall be payable in periodic installments for a period of fifteen years or until the employee reaches sixty-five (65) years of age, whichever period is longer.

C. Permanent total disability awards begin to accrue from the date the Workers COmpensation Court adjudicates the injured Oklahoma WOrker to be permanantly and totally disabled.

D. Compensation for mutiple injuries under the Mutiple Injury Trust Fund will end upon death of the Climent.

E. Only the last claimed injury gives the injured employee in Oklahoma a claim against the Injury Trust Fund.

F. The Multiple Injury Trust Fund shall have authority to compromise a claim for less than the indicated amount of permanent total disability. An order entered after the effective date of this act may be paid in periodic installments beginning on the date of the award, or may be commuted to a lump-sum payment or payments, by agreement of the claimant and the Multiple Injury Trust Fund.

G. Attorney fees paid out of the workers injury settlement award from the Mutiple Injury Trust Fund are 20% of the gross award. The payments to the Work Comp attorney are paid out of the fund in periodic installmets.with the Work Injury Lawyer receiving every fith check.

H. If the injured Oklahoma worker who is receiving benefits from the Multiple Injury Trust Fund dies as the result of their work related injury prior to the award being fully paid, subsequent remaining payments that would have gone to the decease worker will go to his or her surving spouse and will continue for five years or untils the surviving spouse remarrys.

For a Free and Confidential work injury consultation with an Oklahoma workers compensation attorney please call or send me an email.

The Independent Medical Examiner and Workers Compensation Law in Oklahoma:

Oklahoma Workers Compensation statutes provide for whats refereed to an an independent medical examiner.  This workers compensation doctor is theoretically used to provide either party to the Work Injury case a independent look at the work injury that the injured employee is suffering from.  An independent medical examiner in a case involving permanent disability shall not be a treating physician of the employee and shall not have treated the employee with respect to the injury for which the claim is being made or the benefits are being paid. Although either the Claimant the Court on its own motion or the Respondent in the work comp case is entitled to ask for an IME more times then not it is the workers comp insurance company that requests one.   Many times this will be done to take one last chance to avoid the recommendation of the workers compensation treating physician as specially when that recommendation is for surgery. To this end the IME is supposed to make an unbiased assessment of what medical treatment you need and if the injury you have is work related or not. Often times my injured clients will express their utter frustration at the lengths the insurance company will go to stop or hinder and delay the medical treatment you are entitled to under the workers compensation law.

What Do I do When I See the IME Doctor:

You should always be polite and arrive to the appointment on time.  If you have any x rays or MRIs take them with you.  Most importantly be hones and answer all the Doctors questions.

For a Free and Confidential consultation about your work injury call or email me today

Can I Change The Treating Physician In My Workers Comp Case:

Where your employee is not covered by a certified workplace medical plan or CWMP, the employer shall select the original treating Doctor and this is set out in Section 326 subsection A of the Oklahoma Workers Compensation statute. For each impacted body part the Workers Comp Court will allow a change of physician and this request is made by the claimant through their work injury lawyer. Your work comp attorney and the Respondent attorney will normally come to an agreement as to who the new Doctor will be.  If the employer objects, the Court shall set the request for change of treating physician for hearing within ten (10) days.  But if the body part for which the claimant seeks a change of physician is not an admitted body part then no change of physician can be ordered by the Court. The maximum number of changes in physician is two and this is not impacted by the number of body parts injured. This law is  further codified in Title 85 Section 326 of The Oklahoma Workers Compensation Statutes.

For a Free Confidential consultation with an experienced work injury lawyer in Tulsa Oklahoma please call or email me your questions.

Temporary Total Disability (TTD) benefits under Oklahoma Workers Compensation Law:

To be eligible for TTD benefits in Oklahoma you must be unable to work for more than seven (7) calendar days due to your injuries.  It is important to note that unless the Court finds you were unable to work for more than twenty one (21) days no benefits are paid for the first seven (7) days.  In most cases a appearance at the Oklahoma Workers Compensation Court is not required to start TTD benefits but in some cases it is necessary and in either event this is the job of your Ok workers comp attorney.

Under Oklahoma Workers Comp law the amount of money you will receive for TTD benefits is based on your average weekly wage before you were injured.  You will receive 70% of your average weekly wage up to the State’s maximum.  The State of Oklahoma workers comp maximum TTD benefit for injuries from November 1, 2011 to October 31, 2012 is $735.00 and from November 1, 2010 to October 31, 2011 is $716.00. As you can see, for the purpose of calculating your maximum possible temporary disability payment it matters when the work injury occurred.

Once you have been approved for TTD benefits they are paid on a weekly basis.  The duration of TTD payments depend on several things like the date you were injured, what was injured and to what degree and when you are found to be at maximam medical improvement  In general the maximum time allowed for TTD benefits is 156 weeks unless there is a consequential injury and then you maybe entitled to an additional 52 weeks.  TTD benefits for soft tissue injuries are 8 weeks.

For a free and confidential consultation with a Tulsa Injury Lawyer please call or send me an email question.

.

Title 85. Workers’ Compensation in part 
   Compensation and Benefits Chapter 15
    

In workers compensation cases involving temporary total disability or TTD, the injured employee shall be paid seventy percent (70%) of his or her average weekly wages, but not in excess of the state’s average weekly wage, during or until the injured worker has been released back to work; During the first seven days of the initial claim of total temporary disability. This period of no payments can be mitigated if the Judge of the Workers Compensation Court finds the injured worker to be disabled for more than 21 days.  If this is the case the Court will award compensation due the employee from the first day. 156 weeks is the maximum unless the Judge of the Workers Compensation case makes a special finding of consequential injury that is an injury that results form the original injury. If the court makes such a finding of consequential injury the Judge may order an additional period up to 52 weeks.

B. When you are released or done treating from the treating doctor in your case and this release is a release for all the body parts involved in your case the TTD will end. In the event the injured worker misses three or more consecutive more doctor or other medical appointments the employer will be able to stop payments for disability. In cases where the employer stops the TTD payments the employer must notify the injured worker of his or her attorney of record  If there is no objection filed within the statutory period the TTD will stop.  In the event there is an objection filed in the case the workers compensation judge will make a determination and make orders based on a hearing.

If you are injured on the job in Oklahoma and would like an appointment with a workers compensation attorney in Oklahoma please call or email us today.  918-742-3333

Adresses for Oklahoma Workers Compensation Courts.

In Oklahoma there are two Courts that your workers compensation case can be heard at.  The Oklahoma case  yours is at will depend on where your Oklahoma Lawyer filed the case.

On the Courts web site they publish a mission statement to help provide you with the goals of the workers comp court in Oklahoma.

Mission-Statement:The Oklahoma Workers’ Compensation Court applies the law as set out in the Oklahoma Workers’ Compensation Act. Its responsibility is to provide fair and timely procedures for the resolution of disputes and identification of issues involving on-the-job injuries. To this end we dedicate ourselves to carry out this responsibility and to serve the public promptly, courteously and impartially.

Workers Compensation Judges

For a free case evaluation with am Oklahoma Workers Compensation attorney call today 918-742-3333 or email

Title 85. Workers’ Compensation of the Oklahoma Statutes is the controlling law and reads as follows;

A. Temporary disabilty payments will be ended if the worker has no claim for workers compensation  on file with the Court this is either the form 3 or the form 3b. If there is if either form is on file, the employer may only terminate ttd without the Workers Comp Courts approval only if one of the following events occur:

1. The injured worker returns to back to work on a full time basis;

2. The injured worker does not:

a. object to the employers motion to terminate his or her TTD benefits as provided  by Oklahoma Workers Compensation law, within 15 days after receipt of the motion, by the injured workers lawyer or by the claimant if unrepresented, of written notice of the termination from the employer; or

b. object to the TTD payments as provided in 85 O.S., Section 17(D)(10), within twenty (20) days after receipt of the notice of termination, by the claimant’s lawyer or by the injured worker if not represented by an Oklahoma Workers Comp Attorney, of written notice of the termination from the employer;

3. The injured worker is found by a Court-appointed independent medical examiner to be able to go back to his or her employment and the injured worker fails to return to work; so long as, the Court-appointed independent medical examiner provides a copy of the Form 5 Release to the workers compensation judge and all parties who have entered an appearance in the case, when the medical examiner after examining the injured worker determines the worker is able to return back to work. Ttd payments will stop when the claimant has reached mmi on all injured body parts  as set out in the pleadings, is released from active medical care and can return to full or permanently restricted full duty, as indicated by the Court-appointed independent medical examiner on the Form 5 Release;

4. The injured worker or the injured workers lawyer files a permanent disability rating report or a Form 9 requesting a hearing on permanent disability;

5. All parties stipulate in writing to terminate temporary compensation;

6. The injured worker passes away; or

7. Any other event that causes ttd benefits to be lawfully ended under Oklahoma Workers Compensation Statutes.

B. In all other cases, including the receipt of a Form 5 Release for light duty work from a Court-appointed independent medical examiner, temporary compensation may be terminated only by Court order. An Employer may request a hearing on the termination of temporary total disability benefits by filing a Form 13 with the Oklahoma Workers Compensation Court and  mailing a copy of the form 13 to the injured workers lawyer. The Form 13 mailed to the  parties must include a copy of all evidence relied on by the Employer in support of terminating temporary compensation.

C. If an employer after a hearing on the issue is found to have improperly terminated temporary compensation, the Court shall order the TTD re-started retroactive to the date of the wrongful termination of TTD and may at the Courts discretion charge a fifteen percent (15%) penalty against the Employer or its Insurance Company on all unpaid benefits as of the date of the trial. The Court also may require the respondent to file a new Form 13 and show full compliance with this Oklahoma Workers Comp rule before a trial on the empolyers or said insurance company’s request to terminate temporary compensation will be held.

D. If the injured Oklahoma worker objects to the termination of temporary total disability benefits, he or she may request a speedy hearing as provided by title 85 of the Oklahoma Workers Compensation statutes

This is a copy of the Oklahoma Workers Compensation statute that governs Temp. Disability Payments.  If you would like a free workers compensation attorney consultation call today 918-742-3333

Re-posted in Part from OSCN.net

]]> http://918oklahomaworkerscompensationattorney.com/temporary-total-disability/when-will-my-temporary-disability-be-terminated-in-oklhoma/feed/ 0 http://918oklahomaworkerscompensationattorney.com/uncategorized/tulsa-social-security-lawyers-and-child-disabilty/ http://918oklahomaworkerscompensationattorney.com/uncategorized/tulsa-social-security-lawyers-and-child-disabilty/#comments Fri, 27 Jan 2012 14:20:09 +0000 admin http://918oklahomaworkerscompensationattorney.com/?p=422

Does My Child Qualify For Disability in Okahoma

Social Security Claims for Children 

SSA uses a four-step sequential evaluation to determine if a child is disabled. See 20 C.F.R. § 416.924.

The four steps are:

   Is the child working?

• The Determination:
  • Is the child under the age of 18?
  • Is the child working and earning more than $1010/mo. (2012)?
• If the answer is yes, the child is not disabled.
• If the answer is no, go to step 2.

‚   Does the child have a medically determinable impairment or combination of impairments that is severe?

• If the answer is no, the child is not disabled.
• If the answer is yes, GO ON TO STEP 3.

ƒ   Do the child’s impairment(s):

1. A.   Meet the requirements in the Listings?

• The Determination:
• The impairment(s) must cause marked and severe functional limitations as defined in 20 C.F.R. § 416.906 following a sequential evaluation process for children set out in 20 C.F.R. § 416.924.
• SSI payments may be immediate and last for up to six months, pending SSA’s findings of disability, if the child suffers from:
  • HIV infection;
  • Total blindness;
  • Total deafness;
  • Cerebral palsy;
  • Down syndrome;
  • Muscular dystrophy;
  • Severe intellectual disorder (child age 7 or older; or
  • Birth weight below 2 pounds, 10 ounces.
  • However, if the child is later found not to be disabled, this money must be paid back to SSA.
    • If the answer is yes, GO ON TO STEP 4.
    • If the child has a severe impairment that does not meet the requirements of a listed impairment, GO ON TO STEP 3B.

1. B.    Meet an equivalence standard of a listed impairment?

• The Determination:
• If the child has a sever impairment that does not meet the requirements of the listed impairment, the SSA will determine if the child’s impairment(s) medically equal(s)the requirements of a listed impairment.
  • If the answer is yes, the child medically equals the listings. GO ON TO STEP 4.
  • If the child’s impairment(s) does not medically equal the requirements of the listings, GO ON TO STEP 3C.

1. C.          Involve functional limitations which are the same as functional limitations in the Listings?

• The Determination:
• If the child has a severe impairment that does not meet or medically equal the requirements of a listed impairment, SSA will determine if the child’s impairment(s) functionally equals listing-level severity (see 20 C.F.R. § 416.926a.)
• SSA has issued a series of eight Social Security Rulings that provide policy interpretations regarding the determination of SSI childhood disability under the “functional equivalence” rule.
• To functionally equal the listings, the child must have “marked” limitations in two domains of functioning OR an “extreme” limitation in one domain.
• There are six domainsof functioning in the regulations. These Social Security Rulings address the six domains plus the “whole child” approach and documenting the child’s limitations.
• Soc. Sec. Rul. 09-1 p, The “Whole Child” Approach, 74 Fed. Reg. 7527 (Feb. 17, 2009);
• Soc. Sec. Rul. 09-2p, Documenting a Child’s Impairment-Related Limitations, 74 Fed. Reg. 7625 (Feb. 18, 2009);
• Soc. Sec. Rul. 09-3p, The Functional Equivalence Domain of “Acquiring and Using Information,” 74 Fed. Reg. 7511 (Feb. 17, 2009);
• Soc. Sec. Rul. 09-4p, The Functional Equivalence Domain of “Attending and Completing Tasks,” 74 Fed. Reg. 7630 (Feb. 18, 2009);
• Soc. Sec. Rul. 09-5p, The Functional Equivalence Domain of “Interacting and Relating With Others,” 74 Fed. Reg. 7515 (Feb. 17, 2009);
• Soc. Sec. Rul. 09-6p, The Functional Equivalence Domain of “Moving About and Manipulating Objects,” 74 Fed. Reg. 7518 (Feb. 17, 2009);
• Soc. Sec. Rul. 09-7p, The Functional Equivalence Domain of “Caring for Yourself,” 74 Fed. Reg. 7521 (Feb. 17, 2009); and
• Soc. Sec. Rul. 09-8p, The Functional Equivalence Domain of “Health and Physical Well-Being,” 74 Fed. Reg. 7524 (Feb, 17, 2009).
• If the answer is yes, the child functionally equals the listings. GO ON TO STEP 4.
• If the answer is no, the child is not disabled.

„   Have the child’s condition(s) been disabling, or are they expected to be disabling, for at least 12 months; or are they expected to result in death?

• If the answer is yes, the child is DISABLED.
• If the answer is no, the child is not disabled.

Reviews of the child’s medical condition are performed at least every three years (possibly more frequently), even if the child is not expected to improve

When the child reaches 18 years of age, different rules are used. The child’s condition will be reviewed using these rules when he or she turns 18 years of age.

This blog represents the analisis that is applied by SSD lawyers and Judges in Oklahoma in determining if your child qualifies for Social Security Disability.  If you have any questions please call our SSDI lawyers here in Tulsa and we will arrange a free consultation

Tulsa Disabilty Lawyers 918-742-3333

HOW THE SOCIAL SECURITY ADMINISTRATION DETERMINES DISABILITY

Claimants are usually surprised when their initial application for Social Security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI) benefits are denied.  It is understandable to be upset when one receives such a denial, especially when a their “alleged”disabilities are seemingly ignored and are informed in the denial letter that their disabilities are not severe enough to prevent them from going back to work or from finding similar work.  At all levels for a claim of SSDI and/or SSI benefits, the Social Security Administration has a 5 step process for determining if an claimant is disabled pursuant to the SSA Guidelines and therefore eligible benefits.  In order to provide a better understanding as to why a claim was an initially denied, we discuss the 5 stages in more detail below.

Step 1:  Has the Claimant engaged in Substantial Gainful Activity.

The SSA looks to see if the claimant has engaged in any Substantial Gainful Activity (SGA), since their alleged date of onset or date of application.  SGA essentially is work.  At this step, the SSA sees if the claimant has engaged in any type of work that brought in income.  If the claimant has engaged in work, then the SSA looks to see if said work meets the monthly SGA amount.  For the year 2011, the SGA amount is $1,000.  Therefore if you have worked and made over $1,000.00, then you would not necessary qualify for SSDI or SSI benefits.

Step 2: Are the Claimant’s disabilities Severe.

This is one of the more difficult steps because often a claimant believes that the SSA did not fully consider the severity of the claimant’s disabilities when the initial application was denied.  It becomes an argument as to what the claimant subjectively believes and what the SSA objectively sees based on the medical evidence in the record. 

This step implies that claimant’s disabilities must be severe enough to significantly limit there ability to perform basic work.  In addition the SSA examines whether the claimant’s disabilities will last or, or be expected to last, for a continuous period of not less than 12 months

Step 3:  Do the Claimant’s Disabilities Meet or Medically Equal a Listing

Social Security Administration in Tulsa Oklahoma breaks the body down into 13 major systems or listings. Included in these 13 systems are more than 150 categories of medical conditions that, according to Social Security Administration law, are severe enough to prevent an individual from performing any work.

If an individual meets, these listings, then they should be declared disabled under the SSA Guidelines.  Often times, this is where the claim is denied, because there is not enough medical evidence on record to support a claim under on of the listings.

Step 4: Can the Claimant Return to Previous Work

This too is often a point of frustration, especially if an individual was let go or asked to leave from the former jobs, because of their inability to complete there jobs The SSA in Oklahoma makes a determination on whether you can return your previous work based on what current limitations you may have and how they would affect your performance at your previous job or a job with similar demands.

If Social Security Administration lawyers finds that a person can return to past work, benefits are denied. If the person cannot, then the process proceeds to the fifth and final step.

Step 5: Can the Claimant Do Any Other Work

As another point of contention, claimant’s often ask, if the SSA determined that they can do other work, then where are those jobs?  Unfortunately, the SSA uses national employment figures and does not directly provide information on job availability.

Step 5 determines what other work, if any, the person can perform. Social Security Administration will look at your age, level of education, any skills that you might have that would be transferable to another field of employment, any physical and mental limitations you might have; and finely any residual functional capacity.

The SSA has a set of vocation guidelines (the Grid Rules) to determined disability at this final step. 

For a free consultation with a tulsa social security disabilty lawyer call or email us today

NOTICE REGARDING FORMS AND COMPENSATION RATE CHANGES

 NOTICE OF COURT FORM CHANGES: Court form changes have been made in response to SB 878 (2011), a comprehensive workers’ compensation measure which became effective August 26, 2011. These forms, as most recently updated, are available on the Court’s web site at http://www.owcc.state.ok.us/court_forms.htm. Appropriate signatures are required on the forms, including the Form 2 (Employer’s First Notice of Injury). The forms are for immediate use.

Note the Joint Petition, Form 1X Compromise Settlement and Form 26 Memorandum of Agreement are repealed. In their stead are three new Compromise Settlement forms:

 Form CS-339-A: This form may be used in place of the Joint Petition Settlement when all issues and matters in the claim are settled and the claim is resolved with full release. The form also may be used when some, but not all issues and matters in the claim are settled and determined. In that event, an appendix identifying all outstanding issues must be attached to the Form CS-339-A. The appendix must sufficiently identify the Workers’ Compensation Court file it pertains to, be dated, and be signed by all parties under the penalty of perjury. The compromise settlement and appendix, if any, are subject to approval by the Workers’  Compensation Court. If approved, a record of the settlement must be made before  a court reporter.

 Form CS-339-B: This form is comparable to the former Form 14 Agreement Between Employer and Employee as to Fact With Relation to an Injury and Payment of Compensation. The compromise settlement is subject to approval by the Workers’ Compensation Court. It may be reopened and reviewed as provided by law if a change in condition occurs. No record before a court reporter is required.

 Form CS-337: This compromise settlement form is for use in a death claim. The settlement may be of all issues and matters in the claim. If some, but not all, issues and matters in the claim are settled and determined, an appendix identifying all outstanding issues must be attached to the Form CS-337. The appendix must sufficiently identify the Workers’ Compensation Court file it pertains to, be dated, and be signed by all parties under the penalty of perjury. The compromise settlement and appendix, if any, are subject to approval by the Workers’ Compensation Court. If approved, a record of the settlement must be made before a court reporter.

 NOTICE OF COMPENSATION RATE CHANGES: Due to an INCREASE in the State’s Average Weekly Wage (SAWW) reported by the Oklahoma Employment Security Commission, the maximum compensation benefit rate for work-related injury and illness occurring during the period beginning November 1, 2011 and ending October 31, 2012 has changed to $735 per week for Temporary Total Disability (TTD), Permanent Total Disability (PTD), and Death. 85 O.S., 332(A)(temporary total disability), 85 O.S., §336(A) (permanent total disability) and 85 O.S., §337(D)

(death).

 The maximum compensation benefit rate for work-related injury and illness occurring during the period beginning August 27, 2010 and ending August 26, 2015, remains at $323 for Permanent Partial Disability (PPD). “Permanent Partial Disability” shall be known as “Permanent Partial Impairment (PPI) effective August 26, 2011. 85 O.S., §333(F).

For a free consultation with an Oklahoma Workers Compensation lawyer call our Tulsa Injury Law Office Today