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Questions Answered by Jerry Lutkenhaus

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 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 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 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 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 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 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 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 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 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 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 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.

2 Answers | Asked in Workers' Compensation for Virginia on

Q: I have a relative who was injured on job 6 months ago and major surgery was required.

Now on light duty and pay is less than 50% of WORKMEN'S COMP. Still in therapy, but can't pay living expenses; What option do they have since can't afford to travel to job to do light duty? NO INCOME for 2 wks.

Jerry Lutkenhaus answered on Nov 8, 2018

Your relative should have filed a claim with the Virginia Workers Compensation Commission. That number is 1-877-664-2566. Your relative should have been paid for the time out of work by the employer's workers compensation insurance company. If the proposed Light Duty Job pays less than his... Read more »

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2 Answers | Asked in Workers' Compensation for Virginia on

Q: If my employer won't let me fill out workers' compensation paperwork after an injury, can I sue them?

Jerry Lutkenhaus answered on Oct 29, 2018

You can file a claim yourself with the Virginia Workers Compensation Commission. That phone number is 1-877-664-2566. They will assist you with filing a claim. If you have a serious injury, you may want to contact an experienced workers compensation lawyer.

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2 Answers | Asked in Workers' Compensation for Virginia on

Q: Can workers comp deny my claim of a broken bone when it was not broke before?

I sprained my ankle a week ago but it had healed. When I slipped and fell I was sent to the er from work and they said it was broke. Talked to my employer today and she stated that workers comp might deny the case due to the previous injury.

Jerry Lutkenhaus answered on Oct 29, 2018

If this is a Virginia claim, you can file a Claim for Benefits with the Virginia Workers Compensation Commission at 1-877-664-2566. That being said if you had a pre-existing condition, then the insurer often uses this as an excuse not to pay the claim.

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2 Answers | Asked in Workers' Compensation for Virginia on

Q: Should my husband get a new attorney or accept the offer or fight on?

Hi, I am following up on a question you answered on July 3rd. My husband hurt his back at work and was out from July 7th 2017 until the return to work order with full duty on Oct 20th 2017. He saw another dr in April who said he is unable to work. Our attorney files a motion for change in... Read more »

Jerry Lutkenhaus answered on Sep 4, 2018

Very difficult situation. You indicate a treating doctor released him to return to work. Another doctor says he needs surgery. You are scheduled to see the insurance defense doctor. Your attorney is probably right about this defense doctor. He is “paid” to give an adverse opinion. You also... Read more »

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2 Answers | Asked in Workers' Compensation for Virginia on

Q: how do I contest and refuse a award agreement sent by insurance adjuster for my husbands wc?

Jerry Lutkenhaus answered on Aug 29, 2018

An Agreement for an Award is very important. Filing this with the Workers' Compensation Commission means the Commission will enter an Award based on the Agreement. The Award dictates what is covered, what benefits are paid, etc. It is very important to get an Award entered in a case as soon as... Read more »

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2 Answers | Asked in Workers' Compensation for Virginia on

Q: Jurisdiction and No insurance in a workers compensation case, when is a contractor responsible for an injured worker?

Jerry Lutkenhaus answered on Aug 29, 2018

If the contractor has two employees or less the contractor does not have to provide workers compensation insurance. However, if the contractor is a subcontractor on a project, then all the employees on the projection will be considered in deciding if coverage is required. Also, if the contractor... Read more »

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1 Answer | Asked in Workers' Compensation for Virginia on

Q: My vision is getting worse from being in front of the computer all day at work. Think I can file a WC claim?

Jerry Lutkenhaus answered on Aug 3, 2018

In Virginia, losing vision due to constantly sitting in front of a computer would not be accepted as either a work place injury or an occupational disease.

1 Answer | Asked in Workers' Compensation for Virginia on

Q: Sitting at a desk all day hurts my back. Does that count as a workplace injury?

Jerry Lutkenhaus answered on Aug 3, 2018

In Virginia sitting at a desk all day would not count as a work place injury.

1 Answer | Asked in Workers' Compensation for Virginia on

Q: Should my husband get a new attorney

We first consulted an attorney in October 2017. At that time my husband was released to go back to work and his wage benefits were stopped. He was not able to work, it took us until April of this year to get him in to see a different doctor which worker's comp finally approved for him to do so.... Read more »

Jerry Lutkenhaus answered on Jul 3, 2018

When the doctor took him off work on April 13, 2018, the lawyer should have filed a change of condition claiming the doctor had taken him out of work. By waiting until June 20, 2018, the lawyer may have delayed things. If the doctor "only" took him out of work but did not say he was totally... Read more »

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