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Questions Answered by Jerry Lutkenhaus
2 Answers | Asked in Workers' Compensation for Virginia on
Q: I got hurt at work and went to file a claim for workrs' comp. In the interim, I ended up getting convicted of another

crime (fraud). Does this mean I'm not longer eligible for workers' comp benefits?

Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Nov 15, 2017

While you are in jail for fraud, you won’t be able to collect workers compensation payments. If you don’t go to jail, then you can collect workers compensation payments.

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1 Answer | Asked in Workers' Compensation for Virginia on
Q: Am i entitled to a settlement if I been out of work for four months from a lumbar sprain the Dr's release me today
Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Nov 14, 2017

If you have been released with no work restrictions and no future medical care anticipated, the insurer may conclude you are 100% recovered and thus the insurer faces no future liability. If so, the insurer has no reason to offer you any settlement since it faces no future exposure. However, just... Read more »

1 Answer | Asked in Social Security for Virginia on
Q: I've been collecting my deceased husband's SS since retiring, but I will get more when I turn 70, right?

I turn 70 in March of 2018. I've been told that the amount will increase then. I would like to know the new amount to expect, so I can better plan.

Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Nov 1, 2017

It is my understanding if you "delay" taking benefits until age 70 then you receive higher benefits. However, this does not appear to be your case since you did not "delay" taking benefits. You should of course check with your Social Security Office to make sure nothing higher... Read more »

1 Answer | Asked in Personal Injury and Workers' Compensation for Virginia on
Q: Won a work comp case, medical benifits awarded Dec 29,2016. Need surgery on fractured foot. They sent an ADR letter

They are trying to get out of operation Dr has asked for since injury. How can they ask for new hearing when they didn't appeal decision? This is in Blacksburg, Va.

Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Oct 25, 2017

If medical benefits were awarded but this surgery was “not” awarded, then you may have to file a claim for this specific surgery with the report from the doctor saying this surgery is “necessitated” by your injury.

2 Answers | Asked in Workers' Compensation for Virginia on
Q: I have been out of work for a year first doctor messed up broke heal bone have screws was put on permanent restriction

No job and now they want to settle what should i do pain and swelling for the rest of my life have to wear a ankle brace

Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Oct 17, 2017

You need to contact an experienced workers' compensation lawyer. As I see the big issue in your case is whether or not you will be able to obtain a new job that equals or exceeds your pre-injury job. Your chances of doing that will probably determine the value of the remainder of your claim.... Read more »

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1 Answer | Asked in Workers' Compensation for Virginia on
Q: Do I need an attorney? Suffered TBI at work from stuck door hitting me in head, management knew about door problem.

July 2017 suffered TBI from door to head at work, now I have constant headaches and convergence problems with my right eye, seeing same therapist for 12 visits making progress but now insurance company wants me to change therapist without treating physician being ok with it, can they do that,... Read more »

Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Oct 17, 2017

The medical care is supposed to be directed by your treating physician and not by the insurance company. You should consult an experienced workers compensation lawyer about this problem with the insurance company.

2 Answers | Asked in Workers' Compensation for Virginia on
Q: How much can I get from a back injury at work through a settlement with works comp?

Benefits stop due to positive drug test a year later on a docs appointment and benefits were cancel..now I have a hearing and they offer if I want it to settle

Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Oct 7, 2017

You have a tough situation. You indicate you failed a drug test and your benefits were suspended. I assume the insurer is contending you failed to comply with medical care by taking illegal drugs. At the hearing the insurer will document this by providing the report from the Doctor. Unless the... Read more »

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1 Answer | Asked in Workers' Compensation for Virginia on
Q: I was awarded med benefits for my injury that happened at work i have been seeing the same physician that Initially

treated me in the ER I had an outpt surg done that Liberty is refusing to pay stating not an authorized surgery. I thought that if i was awarded med bens no one had to worry about getting auth or approval especially since the treating physician has been working on me since day one. The ER surg was... Read more »

Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Sep 29, 2017

This is the procedure. You have an accident. You report it to your employer. The employer reports it to is WC insurance carrier. Then, the insurance company is supposed to send you a panel of three (3) doctors to pick a doctor from. When you pick that doctor, that doctor becomes the... Read more »

1 Answer | Asked in Social Security for Virginia on
Q: i need help getting my ssi. can u help?

I've been denied 3 times now and need help.

Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Sep 26, 2017

Your application for SSI or welfare disability is dependent on your age, your past work, your education and skills, your impairments, and the medical care you receive. Generally, if you are under age 50, you have to show you cannot do "any" job in the economy. You have to show you cannot... Read more »

1 Answer | Asked in Workers' Compensation and Employment Law for Virginia on
Q: If I'm a building contractor that hires an electrician one time, are they considered "regularly employed"?
Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Sep 22, 2017

You indicate you are a building contractor. You did not indicate how many employees you have. If you have two (2) or more employees regularly in service, then you need to provide workers' compensation coverage. If you sub out the electrical work, then the electrician is an independent... Read more »

1 Answer | Asked in Workers' Compensation for Virginia on
Q: Does Virginia require an examination by their drs to close a workers comp case.

My daughter suffered a head injury at work and received workers comp from Oct 2016 until July 2017 when the dr released her to work full time again. She just received a letter saying she had to go to Northern VA for appointments with a neurologist and a neuropsycolosgist. She called the case... Read more »

Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Sep 18, 2017

I am not sure it is usual. However, if they are offering you free examinations by a neurologist and a neuropsychologist, I would certainly attend these exams to make sure you don't have any further problems due to the accident. Your daughter can charge mileage to and from these exams at 55.5... Read more »

1 Answer | Asked in Workers' Compensation for Virginia on
Q: Can I return to work, different/same position, while waiting to see a doctor? Or while waiting to be approved?

I hurt my shoulder last year on the job, massage therapy. I had surgery for it and returned to work. Didn't file. This year I reinjured the same shoulder and started to file the claim. My dr won't see me until the claim is approved because of billing. And my adjuster needs previous... Read more »

Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Sep 18, 2017

If you can work, you should always work. Of course, you don't want to further injure your shoulder. The issue may be whether this is a continuation of your prior injury to your shoulder or a new injury. You should seek legal advice from an attorney who specializes in Virginia Workers'... Read more »

2 Answers | Asked in Personal Injury and Workers' Compensation for Virginia on
Q: 2nd Degree burns with permanent Scar on forearm working fastfood is this a legit case to sue and what is reasonable

Was told to wait a year to file a case its been a year

Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Aug 9, 2017

If you were injured at work, you can file a claim for permanet scarring with the Virginia Workers Compensation Commission if your scar is at maximum medical improvement.

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2 Answers | Asked in Workers' Compensation for Virginia on
Q: I was recently injured on the job and I was denied workers compensation because my work will not take care of it. Help?

Recently had the surgery and now they won't pay

Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Jul 31, 2017

There can be many reasons why a Claim is denied. All I can say is check with an experienced WC lawyer.

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1 Answer | Asked in Employment Discrimination, Employment Law and Workers' Compensation for Virginia on
Q: I am being required to have a test done by my employers preferred doctor. I have already sent letters of results from my

Own Physicians. They will not accept them. I have agreed to see their doctor and now they want me to sign a release of information. This is no problem for me except my appointment is in a month and they are pressuring me hard to sign papers now. What am I missing?

Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Jul 31, 2017

Under Virginia Workers Compensation law, you have the right to request a panel of 3 authorized physicians from the employer or its WC insurance company. Then you can pick your treating doctor from the panel. The employer/insurer also has the right to send you to an Independent Medical Exam (IME).... Read more »

1 Answer | Asked in Employment Law and Workers' Compensation for Virginia on
Q: I work as a bouncer and get paid cash nightly.I was injured and am out of work for minimum of two months. Am I entitled

To receive workmens comp benifits

Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Jul 31, 2017

Yes, if your employer had more than 2 employees regularly in service in Virginia. You should file a Claim for Benefits with the Virginia Workers Compensation Commission and consult an experienced Virginia work comp attorney.

1 Answer | Asked in Employment Law, Estate Planning, Traffic Tickets and Workers' Compensation for Virginia on
Q: What kinds of things typically come out during pretrial discovery in lawsuits?
Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Jul 31, 2017

For Virginia Workers Compensation, discovery usually entails evidence about the accident and injury, video surveillance of the accident and your post-injury activities, company policies, safety violations, preexisting conditions, job search information if released to light duty, etc. Do NOT respond... Read more »

1 Answer | Asked in Personal Injury and Workers' Compensation for Virginia on
Q: my son had a ground level fall at work and injured his head....he has no memory of why he fell and no witness

the workers comp insurance co has denied his claim based on pre existing conditions due to his post medicals. does he have a chance at medical expense in an appeal?

Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Jul 31, 2017

Check with an experienced Virginia work comp attorney IMMEDIATELY and BEFORE he gives any statements to his employer or to the employer's work comp insurance company!

1 Answer | Asked in Workers' Compensation for Virginia on
Q: I work on a pick up construction crew - is the boss responsible for workers' comp?
Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Jul 31, 2017

If the employer has more than 2 employees regularly in service in the state of Virginia, then the employer is required to carry Workers Compensation insurance. The injured worker still has the right to file a Claim for Benefits with the VWC Commission within 2 years of the accident. Check with an... Read more »

1 Answer | Asked in Workers' Compensation for Virginia on
Q: If Va if your a state employee does the Commonwealth have to settle your workers comp claim
Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Jul 31, 2017

No. If you're not currently collecting state health benefits, they "MIGHT" be willing to settle your Virginia Workers Compensation claim.

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