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Texas Workers Compensation Cases Involving SIBS Payments

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Job Finding Services are perfect for those Texas Workers compensation cases where the injured worker is receiving SIBS.  Those injured workers, or claimants, receiving SIBS are REQUIRED to look for and accept suitable employment. 

The qualifications for this program are a perfect match for a typical case that benefits from Job finding services.  15% or more impairment rating, physically demanding, relatively high paying blue collar positions.  

The limit for benefits is 401 weeks from the date of injury, approximately 7.5 years.  

http://www.tdi.state.tx.us/pubs/wcreg/2-1.html

Case Example:

Assuming a back injury with impairment rating of 15% or more.

Over 45% of back injuries with a rating of 15% or more go the full 104 weeks before reaching statuatory MMI.  Then, assuming this impairment rating, IIB benefits would be paid for 45 weeks.  Then the injured worker can apply for SIBS, which could continue for an additional  252 weeks of payments before reaching the 401 week limit. 

Therefore, using the current average weekly wage of 773/wk,  payments of 618.40 would be paid before reaching the 401 week threshold.  A total of  $155,836.80 in SIBS payments to the injured worker. 

Keep in mind, only 69% of these cases go the 104 weeks before reaching MMI, so the SIBS payments could begin earlier, and last longer.  

See below, information taken form the Texas site with regard to Workers compensation SIBS program. 

Changes to the Supplemental Income Benefits Application Process - for SIBs qualifying periods beginning on or after July 1, 2009.

Supplement Income Benefits (SIBs) are income benefits that you apply for quarterly (4 times per year, or every 3 months) and are paid monthly to injured employees that meet specific eligibility requirements.

You may be entitled to SIBs if you meet the following entitlement requirements:

  • you have an impairment rating of 15 percent or more;
  • you have not returned to work because of your impairment, or you have returned to work but are earning less than 80 percent of the average weekly wage because of the impairment;
  • you have made a good faith effort to find a job that matches your abilities to work; and
  • you did not take your impairment income benefits in a lump sum payment.

Texas has some very specific requirements with regard to the injured worker seeking re-employment.  Each time they apply for their SIBS benefits (quarterly) they are required to supply details of their search for work.  Our

Workers Compensation- Cases Closed

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Depending on the laws in your particular state, you may be able to close your most expensive cases by using a job finding service.  The examples below have been cleared of any and all personal file information and details. 

Common case statistics:

Claimant is usually between the ages of 38 and 52, high school education, physically demanding or repetitive occupation, relatively high-paying blue collar occupation.  

Common injuries are carpal tunnel, rotator cuff and lower back/soft tissue damage. 

Average age of case from date of injury 2 years old.  Usually released with restrictions 12 months or more.

Some examples of actual cases:

Actual Case A

State:  Michigan

Male aged 46

Date of Injury: 12/03/07

Restrictions from IME: He is disabled for any job that requires the use of his left hand and his fingers for forceful grasping, climbing, pulling, lifting over 10lbs on a frequent basis or over 20 lbs on occasion. He is also disabled from work in cold environments or work that woulld result in vibrations to the left hand.

Industry:  Construction

Education: High School Education, no computer skills.

Results After 8 weeks:6 interviews  3 attended 3 not attended   We were informed that the claimant had accepted settlement. 

Actual Case B

State: Texas

Male Aged 53
 
Date of Injury 2006

Restrictions from IME: injured lower back circa 2006 reached MMI in 2007

Industry: Construction

Education:  High School Graduate

Results after 12 weeks: 8 Interviews attended: 2
Case was closed and settled favorably for the carrier after non- compliance was shown.
 
Actual Case C

State:  Michigan

Female Aged 37

Date of Injury:1993

Restrictions from IME: Can return to sedentary work.  Exerting up to 10lbs of force occasionally (i.e. activity or condition exists up to 1/3 of the time) and/or a negligible amount of force frequently (i.e. activity or condition exists from 1/3 to 2/3 of the time) or lift, carry push, pull or otherwise move options.  Sedentary work involves sitting most of the time, but may involve walking or standing for brief periods of time. Jobs are sedentary if walking and standing are required only occasionally and all other sedentary criteria are met. 

Industry:  Nurse's Aid

Education: High School Education, no computer skills.

Results after 10 weeks:  7 interviews  0 attended 7 not attended We were informed that the claimant had accepted settlement. 

Actual Case D

State: Illinois

Male aged 53 

Date of Injury:  Nov 2006

Restrictions from IME: Lower Back injury.  Permanent restrictions of no lifting more than 25-30 lbs with no repetitive bending, twisting or stooping.  

Industry:  Construction (foundations)

Education: High School Education, 2 years vocational mechanics school.

Results after 6 weeks:4 interviews  0 attended 4 not attended Case closed. Claimant was refusing to get back operation that would allow him to return to his former occupation as foreman.  Back surgery scheduled. 

Actual Case E

State: Maryland

Male aged 34 

Date of Injury:  July 2008

Restrictions from IME: non-sedentary position, no jolting or vibration pressure to lower back.

Industry:  Transportation  (truck driver)

Education: High School Education

14 week results  8 interviews 3 attended 5 not attended. Spoke to Claims adjuster ,she said she was very pleased with the results and "got what she needed."  No other details provided. 

Actual  Case F

State: North Carolina

Male aged 55
 
Date of Injury 2007
 
Restrictions from IME:  No lifting above head of 50 lbs or more.
 
Education;  High School Graduate

15 week results: He went to all of the first 10 before he stopped going.  His attorney requested copies of each job notice prior to claimant going.  Was reported by HR as poorly dressed on the interviews and not filling out complete applications.
We were informed case was settled.

 

 

 

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