[Whiterabbit]

Hello and let me first than you so very much for taking the time and effort you put into this site your info has been invaluable !!!!:)...my question is this really not a tax question but more a lawerlly type of question. but aybe you can help ..as you certainly are a PRO... A close freind of mine is on workmans comp here in michigan...hes going thru a especially hard time dealing with these people,due to the new lawthat says that if there are"just jobs", out thier, you must find one in an alotted period of time (which is at the descretion and decidied by the ins co.). or one "can be" completely cut off...hes tried to findwork but once they find out hes on comp,they reply,"oops sorry but our insurance co. etc etc find you to much of a liability so,so sorry but thx any ways for apllying with us" Hes really getting screwedover cause hes got docs that say hes perfectly fine but only the ex employers inns. co doc which says that he must no longer lift more than 20 lbs ,either on a "profesional" level or at home FOREVER,hes told the ins co. hes fine and they wont budge,but ANYWAY back to my question...Ive turned his head towards becoming a I.C. hes a good guy a true workhorse type of individual......So that brings me to a question ,he hasnt asked, but i thought of this last night,(and have been sleepless since,god id hate to disapoint him with a neg.answer)....Most companys (if not all) require you to purchase workmans comp insurance or some such "vehicle" for insurance against injury etc. So whats he to do?,im sure that when he applys for insurance hes going to get turned down bigtime...OR will the insurance carrier that is "carrying" his claim now (CUNA) be obligated to carry or cover. Is the fact that hes already on it ,be good enough? Does he need to even seek another carrier?...i hope you are understanding my question, does it make any sence? if not ill tryto rephrase it...i hope that he can get out of the wc cycle as its not a good thing for him or his family. Thank you ahead of time ! your golden!

[Whiterabbit]

Frank ,thank you once again;...ok from what i KNOW is this, hes been on comp for i think 2 yrs ,getting a stipind from the ins. company of 800 i think every two weeks which he will get as long as he COOPERATES (thier definition)...he has been released and MUST find work but it cant require him to lift over 25 lbs and then only "occasionally" and nothing at or above shoulder height,theyve been sending him on job interviews that pay only 8 bux,but W.C. will make up the diff. to bring to 800 every two weeks, and are very demeaning (in his eyes),like car washing,or just car portering stuff,now if he gets offered a job ANY,within his "guidelines restrictions" job he HAS to take it or he loses everything,including his future pension from the employer he worked for...so far every job that he has been intersted in, like i said once they find out hes on W.C. thay wont hire him,to much of a liability or some such thing,i guess...He did heavy road construction,jackhammers etc etc,umm he was a heavy equipment operator,and drove thier straight truck,and 20ft short flatbed,the employer says they cant accomdate him,hence the w.c....im thinkin that he has a CDLA, with hazardous endorsement,at least i pray he didnt let it expire...like i said this guy was a workhorse and LOVED every backbreaking sweaty moment of it...now that hes on these restrictions hes dang near bonkers,the fact that if he gets seen liftin something more than 25 lbs,(which leaves out deer hunting unless he butchers it in the field i guess,chopping logs for the fire, etc. etc. etc.), he was working on a log cabin and now it just sits half done rottin away... The thing is, he knows hes alright, his surgeon says so, and a specialist hes seen on his own says so,hes shown me their reports (so yes he has copies),many,its just the ins doc who is supposedly a third party doc that has him on "restrictions" but he didint have a say in seein him he was ordered by his previous employer,and ins co. to be examined by him... This doc has said hes given him certain tests and hasnt done so and that he reinjured himself requiring a second operation,making it a chronic problem,in reality the second operation was required to finish the job the first doc botched up! His problem was a torn rotator cuff im thinkin...He has a union attorney but he says the contract hes got says that he is bound by the Ins co. docs opinion,guess he cant see a private attorney untill all recourses have been exhausted by he union...Get this, the union and others are saying he cant do a thing about the Ins. co, docs false info etc. because ITS ONLY AN OPINION,even tho it contains falsehoods.......Now what im afraid of for him is that he wont be able to get the type of coverage, privately, that he needs to be SIGN ON with a expediter as a co. driver!... So im thinkin that if he goes with being a "contractor" or gets his own authority he will be ok that way ,at least im hoping im right ... I lost -another friend to suicide two yrs ago for the same reason but he isolated himself from his freinds by moving away etc...Im hoping to keep this one around. Thanks Frank for your input.

[Fkatz]

I went through this when I was on with KLLM transport AND GOT HURT ON THE TRUCK

I dont know what the Workmens Comp law is in Michigan, but I think if you or him go to the State of Michigan web site you may be able to pull down the complete Workmens Comp law and procedures including any updates.

First of all according to what you said in your e-mail he is approximately 80-90 percent disabled according to the weight lifting restriction,
DOES THE COMP DOCTOR SAY THAT HE IS DISABLED AT ALL, OR JUST THAT HE CAN'T LIFT MORE THAN 20 LBS MAX?

First of all has he been released from the Comp doctor, I know for a fact that there is no way in XXXX that a person on Workmens Comp will be hired on any job. unles he has been released. and then on the apps there is a question have you ever been on WC in prior years.

Can he get a copy of his medical records, even if he has to pay for them. AND DEFINITELY SEE HIS OWN DOCTOR , Do not rely on the Ins. Doctors, they do not work for him, they work for the Companies.
Has he tried to apply for disability?, How long has he be receiving Workmens Comp?, what type of previous employment did he do?.

As to your question on IC, he would not have to purchase WC on his own, unless he has another driver with him, or has drivers on his vehicle. most of the companies have it available to all there drivers. it at a price any where between 20-50 bucks a week taken out of the settlement. its called occupational insurance. I know my driver pays for it out of his settlements, $38.00 per week.

So what the heck, go for it. but i would driver for an owner first to see how he like it. he definitely needs a CDL lic. class
A.or B,for a straight Truck and Class c (standard Vehicle Van, or P/u)
would not hurt to get one anyway, just in case, there are companies that do not require a CDL to drive a standard 1 ton van

MOST INPORTANTLY DOES HE HAVE A COMPENSATION LAWYER FOR HIMSELF, IF NOT HE BETTER GET ONE.

I DONT NOW WHERE HE LIVES BUT GET ONE. THERE ARE GOOD AND BAD, CHECK WITH THE LAWYERS REFERAL SERVICE, AND ASK AROUND,


fRANK

[Fkatz]

Hi,

FIRST OF ALL THERE IS NO WAY THAT HE COULD LOSE HIS PENSION, I THINK!
I WOULD STILL GET MY OWN DOCTOR NO MATTER WHAT, AND IF THAT IS THE CASE, CALL THE WORKMENS COMP STATE BOARD, AND TELL THEM WHAT THE SITUATION IS, DO NOT GIVE NAMES, AND SEE WHAT THEY SAY, THAT IS EVEN IF THEY ANSWER THE QUESTION..
OR GO TO A LAWYER AND SUE THE UNION AND THE WC DOCTOR FOR FALSIFING INFOMRATION TO GET THE COMPANY AND UNION OFF THE HOOK.

I WOULD DEFINITELY GET A GOOD MALPRACTICE LAWYER FOR HIMSELF AND FIGHT THIS.

MY PROBLEM WAS THAT I HAD TO USE MISSISSIPPI FOR THE WORKMENS COMP, DUE TO THE FACT THAT THEY WERE HOME BASED IN MISS. I HAD A LAWYER HERE IN NC, BUT HE HAD TO TURN IT OVER TO A LAWYER IN JACKSON, MS.
AND I GOT SCREWED MYSELF, IN MISS YOU CAN SUE FOR LOSE OF SERVICES IF YOUR MARRIED, OR PAIN AND SUFFERING, THERE IS A MAX AMT THAT A PERSON CAN GET. THEY BASE IT ON 3x'S THE MEDICAL BILLS AS A MAX.

DID HE SIGN A RELEASE ANY RELEASE FORM/ DO YOU KNOW IF HE HAS HIS OWN COMPENSATION LAWYER?

AS FAR AS THE OTHER, IF HE BECAME A CO-DRIVER, THE COMPANY WOULD SUPPLY HIM WITH THE OCC. INS. THIS IS NOT WC. THIS IS A SUPPLMENTAL
THIS DOES NOT COVER HIS MEDICAL BILLS AT ALL IF HE GETS HURT, IT IS A SAFTEY PRECAUTION FOR THE COMPANY, SO THEY ARE COVERED SOMEHOW. I AM NOT EXACTLY SURE AS TO WHAT IT COVERS, WE RECEIVE NO POLICY ON THIS, IT IS JUST TAKEN OUT EVERY SETTLEMENT. SO HE SHOULD HAVE NO PROBLEM GETTING A CO-DRIVER OR EVEN O/O LEASED ON TO ANY COMPANY, THAT IS BECAUSE HE HAS TO HAVE HIS OWN MEDICAL INSURANCE. HOPE HE KEPT HIS CDL
fRANK

[Fkatz]

I MISS QUOTED WHAT YOU CAN SUE FOR, AND IT IS NOT PAIN AND SUFFERING, OR LOSS OF SERVICES