Problem
Part 1
Karver previously filed Issues of permanency for John Howard and represented him at the hearing. Howard's permanency ratings were 25% by Howard's doctor and 0% by the IME (Insurer/Independent Medical Exam). Following the hearing, the Workers' Compensation Commission issues an award of 14% permanency.
Howard has consulted with Karver about several questions. Karver has asked you for a summary of answers to Howard's questions.
Instructions:
a. How much money will Howard receive from the 14% permanency award for his back injury? Calculate a 14% award for the 2018 injury with an AWW (Average Weekly Wage) of $500.00. Show the math calculations.
b. How much money would Howard have received for a 15% permanency award for his back injury? Calculate the 15% award for the 2018 injury with an AWW of $500.00. Show the math calculations.
c. How much money would Howard have received for a 14% permanency award for his injury with an AWW of $300 per week? Calculate the 14% award for the 2018 back injury with an AWW of $300. Show the math calculations.
Part 2
After receiving the 14% permanency award for his back injury, Howard decided not to appeal the award.
It is now 2019, and Howard has again consulted with Karver about his case. Howard reported that his back injury has worsened, necessitating surgery and more physical therapy. His doctor has now given him a higher rating of 40% permanency for his back injury.
Karver wants to re-open the case to request additional permanent partial disability.
She has tasked you with completing the re-opening form.
Instructions:
Print and complete the form to be submitted to the Workers' Compensation Commission for approval.
Scan the completed form and post in the Assignment folder. If you have problems scanning the document, please contact the Professor.
Part 3
Karver tasks you with completing the Request for Modification form and the Issues form to accompany her request for additional permanent partial disability for Howard.
Instructions:
Print and complete the Request for Modification form and the Issues form to be submitted to the Workers' Compensation Commission for approval.
Scan the completed forms and post them in the Assignment folder. If you have problems scanning the documents, please contact the Professor.
Part 4
Karver has met again with Karver and told her he is unhappy with this permanency award of 14%. He really wanted to receive a 15% or higher permanency award and wants to appeal the 14% award.
Karver has asked you to write a report summarizing any appeal rights available for Howard.
Instructions:
Respond to each of the following regarding a possible appeal for Howard.
a. Can Howard now appeal, or does he have to be satisfied with the decision of the Workers' Compensation Commission? Explain why.
b. Identify and list the Code section that you rely upon for your conclusions in #a above.
c. Assuming Howard can appeal, is there a time frame or time period within which he must file the appeal?
d. Howard lives in Prince George's County in Maryland but works in Montgomery County. His employer has offices in Montgomery County and Baltimore County.
In what County or Counties can Howard file an appeal?
o Identify and list the Code section that is applicable in the decision on the County/Counties in which Howard can file an appeal.