WELCH & CONDON is a small law firm in Tacoma, Washington which celebrates its 40th anniversary in 2018. Our practice focuses on representing injured workers, including Washington State Workers’ Compensation Claims, Longhore and Harbor Workers’ Compensation Claims (and related Acts to include the Defense Base Act, the Non-Appropriated Fund Instrumentality Act, the War Hazards Compensation Act and the Outer Continental Shelf Lands Act). We also represent individuals with construction site accident claims, as well as other personal injury claimants. Please feel free to visit our website at http://www.welchcondon.com. We also invite you to chat with us on this blog.
WELCH & CONDON
Attorneys at Law
1109 Tacoma Avenue South
PO Box 1318
Tacoma, WA 98401-1318
Phone: 253-383-3427
Fax: 253-572-8957
www.WelchCondon.com
David B. Condon dave@welchcondon.com
Terri L. Herring-Puz terri@welchcondon.com
WELCH&CONDON 
I have received great information from this site. I have a Longshore and Harbor workers compensation case. My injury occurred October 2011 in Afghanistan.. I had surgery last year August 2012. Went through physical therapy. Therapy was stopped for FCE. I had the FCE and can not work in my previous field. I was given a disability rating with a PPD around March 2013. Workers compensation payments stopped January 2013. It was my fault, I missed a therapy appointment while visiting grandpa who had congestive heart failure. I returned to the doctor end of June for pain and weakness in my knee. Started getting cortisone shots. Then an additional surgery was recommended. I had a IME August 2013. My case was supposed to be mediated in August for settlement, My lawyer suggested 150K. The IME doctor told me he would not recommend the surgery to replace cartilage. He said I need total knee replacement and cartilage shots can sustain me until the surgery. I was told I will need replacement because most of my cartilage is gone or worn to the bone, in all aspects of my knee. But, I am too young for surgery now he suggest I will have to have it about 5 to 10 years. I have not had any income since January 2013. My current lawyer does not fully update me to my options or provide guidance to my case. My question is how can workers compensation Chartis ,now maybe AIG insurance deny paying anything for so long when I have a PPD? I have no idea of my rights or what compensation I am entitled too? I’m so broke I can’t pay my daughters registration for her senior year of high school amongst many other things. Any advise for me moving forward?
At the risk of sounding like a broken record – If you have an attorney make an appointment, write down your questions ahead of time, and go get some answers. Your current attorney should be able to explain the situation and answer any questions you have. Writing to this blog is no substitute for talking to the attorney you’ve already hired!
That said, I’ll take a stab at an answer, although I am missing some key details. It sounds like you have a scheduled injury to the knee. That means, when your condition has reached Maximum Medical Improvement (MMI) you may be entitled to a Permanent Disability Award. If you cannot return to your job of injury, but there are other kinds of work you can perform, then your disability is partial. This means you will have a rating, a percentage of the loss of use of the leg, and you will be entitled to compensation for a certain number of weeks. If your injury is so severe that it prevents a return to work in any capacity whatsoever, then you are totally disabled, and entitled to a bi-weekly benefit for the rest of your life.
There are often disputes between the parties on whether the injury prevents a return to work, or about the disability rating. In those situations a settlement conference or mediation can be very helpful resolving the dispute and reaching a lump sum settlement. There may also be issues about your need for future medical treatment. Disability benefits can be settled with future medical left open, in case you need treatment in the future. Or, the future medical benefits may be settled as well.
Without more information, it is difficult to answer other questions which you may have. I really encourage you to make a face to face appointment with your attorney to get more specific answers.