Advice in PA for Compromise and Release

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lawnmowerman

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My jurisdiction is: Pennsylvania

Hello all!
Here's my situation. Injured in May 08 was released by doctor in Nov. 08 but subsequently received a letter from employer saying I was being terminated. So I never returned to work. Being injured, I was unable to find a job. Who's gonna hire someone who can't lift anything above 5 lbs? Ha! Well, Feb 09 I was released by Doc to full duty. But I no longer have a job with the aforementioned company. So insurance still pays me weekly. They are now seeking a compromise and release.

My question is how does this go with the judge and lawyer what can I expect? They are offering three months but in this economy and situation I feel I need a longer amount of time to be re-employed, how do I go about proposing this? My injury is a torn rotator cuff which more then likely will happen again. I have an uncle on his third repair. How do I handle that on a compromise and release? Can I ask them for more money in this situation? Can I ask for compensation to be 6 months to a year? and How do I propose to do this, will the judge ask me if I think this is fair?

Any help you can give me will be appreciated...the hearing is tomorrow morning and it's got me a bit nervous!! hence going online to ask for advice. Thanks to anyone who posts!!

-LawnmowerMan
 
Sorry I did not see your post before your hearing. Let me know what happened.

In the future you can contact me directly at my e-mail address (I assume this network allows me to offer it):
ThenInsider@InsideWorkersCompNY.com

And I am not an attorney and, by the way, I am not a law student. I worked at the NY WC Board for 12 years and participated in tens of thousands of decisions and wrote case law as well. Therefore, I do not give legal advise. I try and explain in simple English what all the words mean, the strategies that are involved in your case, and explaining to you the thinking that goes on by the boards and carriers. For legal advice, always go to an attorney.
 
Thank you for your post. I have been doing alot of thinking since the trial cause I caught a break it seems that the defense attorney(insurance company's) thought that the initial offer was unfair to me and offered to put the trial into continuance until I could re-negotiate. So, I think I happened to stumble upon a honest lawyer...I didn't know there was such a thing!!

Well, now that leaves me wondering how to do such a thing...I consulted a lawyer and was told to go back to the doctor so that I could be re-evaluated. and upon re-evaluation I was put back under restriction. But this was not from the same doctor that did my surgery. I went to see my GP because it is going to take me 6-8 wks. to see the surgeon. But atleast now I have a place to start.

Does anyone think I should talk to this company on my own? or seek counsel? The lawyer seemed to not want to take the case because I didn't have restrictions put on me at the time I talked to him. Now, my GP has advised against me doing things that would affect my employment. So any advice for me from the peanut gallery? :)

-Lawnmowerman
 
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