Temporary Total Disability

[allenwilliams42]

Hello Hadit Members!

I am service connect for a knee disability which I am currently in workers comp for this conditions.  The Work comp Doctor  are going to scope my knee next month due to my condition had gotten worsen.  This would place me on workers comp which the company would pay for my lost time at work therefore my question for the members is can i draw my temporary totaly disability rating while on workers comp and if so what paperwork I need to file with VA while during my time out on workers comp.

Please Help confuse with the Va 21-526ez form

Thanks

Allen

[saints13]

I don't know the in's and outs of workers comp and VA. But after my knee surgeries I submitted a claim for convalescent leave. Got a statement from the doctor which was written on a piece of paper that said what procedure was done and how long I would be out of work. I also submitted the hospital discharge paperwork and within 3 weeks it was approved and started getting 100% Temp for convalescent leave for the months the doctor stated. Remember that it is better to have the surgery at the end of the month as convalescent doe not start until the first day of the following month after the surgery. Example doctor give you 6 months leave, have surgery on May 1-15th. Convalescent won't kick in unto June 1st but may is included but without pay. Have the same surgery but May 20th-30th the effective date is June 1st. Then you get paid from June first thru November. Your actual checks would reflect July 1st thru December 1st cause VA pays in the rears.

Just my experience after 8 different knee surgeries and my 2 cents.

May Gob Bless you and hope that you recover as quick as possible. Anything is possible thru Christ!!!

[broncovet]

Im pretty sure you can NOT get BOTH workmans comp and VA disability for the same injury/disease.  If your knee disabilty was "at least as likely as not" due to military service, then it was NOT due to a workplace injury.  Or, if its a workplace injury, then it was not due to military service.    Either your injury was caused by military service, or it was caused by a workplace accident, but not both.  

    I do not recommend you apply for Temporary Total at VA on a workman comp injury.  If VA thinks its caused by your work, then your SC could be severed.  

Edited September 29, 2015 by broncovet

[pwrslm]

I read something like that to.  If you have treatment from a non VA source for a VA condition, it might complicate things a bit for your VA disability.  You should check on this and maybe get your treatment from the VA just to be sure.  Even if you have to forego the WC, you might be better of taking the extended benefits on an increase from the VA for the condition rather than a quick and fast buck for the same issue today.

If your injury is aggravated by your job and it is covered by workman's compensation, then you request an increase for the condition later because it gets much, much worse and you cant work, the VA might say no.  They need to tie the injury and the aggravation that made it worse as service connected, and if they get a hint that the WC claim covered the same condition, your increase is out the window. 

Edited September 30, 2015 by pwrslm

[flores97]

I agree with bronco and pwrslm, I would completely forgo the workers comp, if your knee was injured in the service, even if you had further workplace injuries, the damage probably would have been much less severe if not for the original injury. I would definitely file for temporary total disability, and for an increase on your knees. The temporary total disability would be a much greater benefit than the workers comp, but you cant collect both at the same time for the same injuries, even injuries that have been complicated by the workplace, when you are already being compensated by VA.

[pwrslm]

Reading over the last several months, I have seen some cases under appeal that have linked original injuries that were SC as a cause for later injuries.  These were back related, disc damage doesn't go away. 

It is possible to get work related injuries as SC if they are related, and can be demonstrated to have a causal effect.  If your knee was weakened by the SC condition, and you get a nexus IMO for this, you would prevail. (IMO)  The cases I read were long, drawn out appeals, so if you go this route, be ready for a fight, VA will not just roll over.