Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Jerry Lutkenhaus
1 Answer | Asked in Workers' Compensation for Virginia on
Q: Received lifetime medical for back injury went to doctor 6months after receiving award and doctors office said my case

Was closed reached out to risk management knowone several times and had no success in speaking to any one . What should I do ? I called workers compensation now I'm planning on inform them in writing

Jerry Lutkenhaus
Jerry Lutkenhaus answered on Sep 22, 2019

You have a lifetime medical award for your injury. However, a doctor must say you “need” medical treatment for your injury. You should review the last medical report from the doctor to see if you were released. If you disagree, then you need to see another doctor to see what that doctor says.... Read more »

1 Answer | Asked in Workers' Compensation for Virginia on
Q: Can I receive full sick leave pay from my employer and workers compensation pay at the same time?
Jerry Lutkenhaus
Jerry Lutkenhaus answered on Sep 20, 2019

I would think not unless the employer has a program that says sick pay would be used to supplement workers compensation pay which pays only two thirds of your salary. I believe the City of Richmond used to do this in order to make up for the one third that an injured worker loses by going on... Read more »

1 Answer | Asked in Social Security for Virginia on
Q: My boyfriend is going through a divorce can he lose his disability when property and money is divided

Will this make him lose his disability? Or how does he keep from losing his disability benefits? rental properties and other real estate has to be divided

Jerry Lutkenhaus
Jerry Lutkenhaus answered on Sep 9, 2019

As a Virginia Social Security Disability lawyer, I can tell you this divorce should have no impact on his disability. However, he should verify this with his divorce lawyer.

4 Answers | Asked in Appeals / Appellate Law, Civil Litigation and Workers' Compensation for Virginia on
Q: Are pro se Appellants held to the same standard a licensed attorney in the state of Virginia? I am searching for cases
Jerry Lutkenhaus
Jerry Lutkenhaus answered on Sep 9, 2019

As a Virginia Workers Compensation lawyer for the last 35 years, I can tell you that pro se litigants who file appeals must abide by the same rules that lawyers have to follow. The courts are not allowed to give pro se litigants any breaks.

View More Answers

1 Answer | Asked in Workers' Compensation for Virginia on
Q: Can a worker close out a claim if they no longer want to continue with a WC claim. Medical was approved but no money.

I never received money from WC and the injury was almost two months ago 4/25/19. I did receive medical care. I went back to work and now live in a different state. A hearing is scheduled but I cannot afford to return for a hearing or hire a Lawyer. What can I do.

Jerry Lutkenhaus
Jerry Lutkenhaus answered on Jun 27, 2019

If you are 100% sure you have no residual medical problem from this accident, you can “withdraw” this claim. Be sure you withdraw the claim “wirhout prejudice” which would allow you to re-file it within two (2) years of the date of your accident. You can call the Commission at... Read more »

1 Answer | Asked in Social Security for New Jersey on
Q: Hi my wife is younger than me and on SSI disability. I am at full retirement age. Am I allowed to apply for spousal SSI

Spousal SSI and then delay taking my own SSI until a later date.

Jerry Lutkenhaus
Jerry Lutkenhaus answered on Jun 18, 2019

I am afraid there is no spousal SSI which is a welfare program. If you are at full retirement age, then you can apply for your Social Security Retirement benefits.

1 Answer | Asked in Social Security for California on
Q: can social security have you thrown in jail for overpaying you 10s of thousands of dollars
Jerry Lutkenhaus
Jerry Lutkenhaus answered on Jun 18, 2019

This depends whether or not there is fraud on your part. Usually, Social Security just declares an overpayment and asks you to pay it back.

1 Answer | Asked in Social Security for Tennessee on
Q: I am 48 just got denied after my hearing grid rule 201.21 at 50 rule 201.14 will apply when should I reapply
Jerry Lutkenhaus
Jerry Lutkenhaus answered on Jun 18, 2019

I have done Social Security Disability law in Virginia for 35 years. Grid rule 201.21 does mandate a finding of no disability even though you are reduced to sedentary work and have no transferable skills. The problem is you are under age 50 which means Social Security thinks you can still do... Read more »

1 Answer | Asked in Workers' Compensation for Virginia on
Q: I'm a govt contractor who's company is in PA. Do I need to call the VA workers comp?

I am a contractor and my company is in PA. I fell at work and they use a private company (AIG) for their workers comp. Do I need to also inform the VA workers comp?

Jerry Lutkenhaus
Jerry Lutkenhaus answered on Jun 18, 2019

Virginia would only have jurisdiction of your case if your company regularly has two or more employees working in Virginia and the accident occurred there. Of course, if you are not an employee, then you are not covered by workers compensation insurance unless you insure yourself.

1 Answer | Asked in Social Security for Virginia on
Q: SSDI asked for information to make a fully favorable decision on the record, after being denied, is that good news?

My husband was hurt on the job, July 2017 and has not worked since then. He is 58 years old now and worked in the coal mines, doing underground work. Signed up for ssdi in Dec 2017, was denied, we hired and attorney, reconsideration denied, appeal filed and we got this notice from ssdi. Then 2... Read more »

Jerry Lutkenhaus
Jerry Lutkenhaus answered on Apr 8, 2019

Since he is over 55 with less than a high school education and he cannot do his prior work, he should have a great chance. I base this opinion on 35 years of Social Security Disability practice in the Richmond, Virginia area.

1 Answer | Asked in Workers' Compensation for Louisiana on
Q: Can workers comp force a person to have surgery? My injury occurred on the job I was hit by a personal vehicle.
Jerry Lutkenhaus
Jerry Lutkenhaus answered on Feb 25, 2019

It is possible. If surgery is the only reasonable option, then the Workers Compensation Commission may order you to have the surgery. However, if there are other more conservative options, then you may not have to do this. You can contact me or another experienced Virginia Workers Compensation... Read more »

1 Answer | Asked in Workers' Compensation for Virginia on
Q: Can I file a suit for workers comp injury that happened in 2014?

I did receive care from providers my job sent me to which wasn’t the best treatment. Just recently I was in auto acccident and now I have another concussion, the first was from job in 2014. I am told this one is worst because it’s my second concussion and I may not have fully recovered from first.

Jerry Lutkenhaus
Jerry Lutkenhaus answered on Feb 8, 2019

You generally have two (2) years from the date of your accident to file a claim for an accident at work with the Virginia Workers Compensation Commission. Sometimes, if your employer never reported the accident to the Commission, then you can use that omission as an excuse and file after the two... Read more »

1 Answer | Asked in Workers' Compensation for Virginia on
Q: Is it legal for comp liaison for your company to go into your Dr appointments ? Even if you don't want them too ?

The workers comp liaison for my company almost insists to be at my Dr appointments and in the room with Dr and myself. Is it legal ? Do I have to allow it ?

Jerry Lutkenhaus
Jerry Lutkenhaus answered on Jan 24, 2019

I have been practicing Workers Compensation law in Richmond, VA for over 35 years. I can tell you the nurse case manager who wants to be "push" and come into your examinations is a constant problem in Workers' Compensation cases. You can certainly advise the doctor you want a private exam. It is... Read more »

1 Answer | Asked in Workers' Compensation for Virginia on
Q: Can you loose your Lifetime medical award ?
Jerry Lutkenhaus
Jerry Lutkenhaus answered on Jan 9, 2019

In a way yes, if the authorized doctor says you no longer need medical care for your injury, then that is the effective end of your medical coverage. You can also lose medical care if you refuse medical care that could correct your medical problem. If losing medical care is an issue, you should... Read more »

1 Answer | Asked in Workers' Compensation for Virginia on
Q: Injured on the job and haven't missed any time from work can you still file for wage loss benefits
Jerry Lutkenhaus
Jerry Lutkenhaus answered on Jan 9, 2019

If you were injured on the job and have not missed any time from work, then you cannot file for any wage loss benefits because you have "not" suffered any wage loss. You should contact the Virginia Workers Compensation Commission and make sure your a medical award is entered in your case. You can... Read more »

1 Answer | Asked in Workers' Compensation for Virginia on
Q: If my workers' compensation claim doesn't get approved, can I choose then to sue my employer for a personal injury if I

believe them to be negligence?

Jerry Lutkenhaus
Jerry Lutkenhaus answered on Jan 8, 2019

If your employer had workers compensation insurance that covered your accident, then your sole remedy for your injury at work is workers compensation. If your claim is denied, then you can ask for a hearing before the Virginia Workers Compensation Commission. You do not have a right to sue your... Read more »

1 Answer | Asked in Workers' Compensation for Virginia on
Q: When traditional methods of treatment don't work surgery is proposed what other options do you have if you don't want

Surgery unless it's the very last result any suggestions

Jerry Lutkenhaus
Jerry Lutkenhaus answered on Jan 7, 2019

You can try alternative methods such as physical therapy, aquatic therapy, chiropractors, accupunture, pain management, dry needling, spinal stimulator, etc. If you need more advice you should contact an experienced workers compensation lawyer.

1 Answer | Asked in Workers' Compensation for Virginia on
Q: Received lifetime medical for my injury almost two years ago exactly 18 months. Seeing Ortho surgeon for a year. Tkr

second opinion he wants to do arthroscopic surgery. I don’t want either at this time because both said not sure it’s may not solve my pain can I loose my benefits ?

Jerry Lutkenhaus
Jerry Lutkenhaus answered on Jan 7, 2019

I take it that you have an AWARD for lifetime medical benefits for your injury from the Virginia Workers Compensation Commission. If the proposed surgery is just proposed as an "option" then it may not be something you have to do. You should contact an experienced workers compensation lawyer to... Read more »

1 Answer | Asked in Workers' Compensation for Virginia on
Q: In Va, can you still win a woman's comp case if the tox screen shows that you had alcohol in your bloodstream?

However, you can absolutely prove that the accident you had was caused by another employee and no fault of yours?

Jerry Lutkenhaus
Jerry Lutkenhaus answered on Dec 25, 2018

It depends. If the alcohol helped cause your accident, then the insurance company can try to deny your claim asserting your misconduct (drinking alcohol) caused the accident. You need to call an experienced workers compensation lawyer to discuss your case if you have a serious injury.

1 Answer | Asked in Medical Malpractice, Personal Injury, Workers' Compensation and Health Care Law for Virginia on
Q: I was injured at work last year had two surgery since an keep getting messed up with my payments

The first surgery failed due to the screw broke an plate shifted now they went thru my back it's been since last July 2017 an I feel like I don't get what I deserve I only get a weekly workman's comp check an they are 3 weeks behind

Jerry Lutkenhaus
Jerry Lutkenhaus answered on Dec 10, 2018

You seem to have a complicated situation. You would best be served by retaining an experienced workers compensation lawyer to assist you. I have over 35 years experience. I will be out of my office until Friday.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.