Q: 60 day time determination for SJDB voucher
I was put on permanent & stationary disability August 16, 2016 - my employer neglected to offer a regular, modified, or alternative job within a 60 day time frame - making me eligible for the SJBD voucher!
I've been waiting for my attorney & adjuster to grant me this is SJBD voucher BUT today out of the blue - I was contacted by my employer saying I need to come back to work because they now have a job that will accommodate me.... obviously contacting me way past the 60 day mark they were given.
So my question is - am I still eligible to get this SJBD voucher?? On top of that my attorney told me not to return any of my employers calls and now I'm being threatened that if I don't it will fact my Workmen's Comp. case....
I'm physically and emotionally drained over this matter, and dealing with my health is enough in general.
A:
you will be paying your lawyer thousands -- maybe 10s of Thou$ands -- of your final recovery, you need to be able to communicate with your lawyer that you expect him to battle for you and get the voucher you are due, or explain simply and clearly why the voucher is not available in your instance.
Was there a challenge to the admissibility of the treating physician's findings?? did the parties agree to an Agreed Medical Evaluator, so the MMI date was still in question? did the defense dispute the treating physician and get a QME with a different P&S date?
are you sure you want to walk away from a job? It is so much easier to get a job when you have a job; if you use a little $6000 or $8000 voucher and get a 'certificate' then go tell employers you want a specialized, high-paying job following a work injury, most will hire the worker that has not been off due to a work injury. Wouldn't it be 100% smarter to take a certain job then aggressively go looking for another job, when you can tell an employer you are looking for a new position for a better future instead of 'i was hurt and off work a long time and my unemployment is about to run out'??
DID YOU KNOW YOU DO NOT SEE ONE PENNY OF THE VOUCHER IN YOUR POCKET?? the voucher is payable only to the school. you don't get one dime. if the school does not include parking and books in tuition, you pay for parking and books and lab fees out of your pocket. and at the end you have about one year of education and no experience and years of not working...and you are not that attractive to most employers.
So maybe you are entitled to the voucher...and maybe the attorney can go to trial and get an order that this be provided. Just make certain that is really what is best for you.
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