Q: If my case is now fighting so I dont have to pay back "over payment" that isnt how would I pay the lawyer?
they say i was cleared but wasnt fully cleared meaning I cant get a new job i was given 10lb weight restriction, this making me unable to get a new job, i was told permanent 10lb weight restriction on my left hand until cleared by doctor.
A: IF THE Maximum Medical Improvement report indicates you have NO PERMANENT RESTRICTIONS then you just return to your pre-injury position. If your treating doc's MMI report contains even one permanent work restriction, the employer must 'accommodate' that permanent restriction, or you apply for Unemployment Insurance with the EDD. Either you were 'cleared' or you were not. There is no in-between. If you obtain an attorney, you agree that attorney gets 12% (likely 15%) of the final award of the Permanent Disability findings... the attorney is paid from the judge awarding Permanent Disability at trial, or by you and the insurer agreeing on terms of closing the claim.
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