What is a Functional Capacity Evaluation In A North Carolina Workers’ Compensation Case?

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A Functional Capacity Evaluation (also called a FCE) is a test performed by a physician or other health care professional to determine an injured worker’s ability to perform a job and to determine their limitations after having been injured on the job. Healthcare professionals perform this standardized test to determine the worker’s functional impairment, assess the success of treatment, and to determine their ability to perform at a job in the present or future. However, completing a FCE without being represented by an attorney may put you and your case in a difficult situation.

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What is Form 25N Regarding Worker’s Comp in North Carolina?

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Workers' Compensation Nurse Case Manager | 25NForm 25N is a form used by the North Carolina Industrial Commission regarding the assignment of a Rehabilitation Professional.  This is usually a registered nurse or a licensed professional counselor who must be qualified under the North Carolina Industrial Commission Rehabilitation Rules.  Once the Rehabilitation Professional has been assigned pursuant to Rule IV of the Industrial Commission Rules for Utilization of Rehabilitation Professionals in Workers’ Compensation Claims, the Rehabilitation Professional becomes a “case manager” for the injured worker and coordinates the medical and vocational rehabilitation care provided to the worker.

The Rehabilitation Professional must make independent and professional judgment regarding the plan for the rehabilitation of the injured worker.  The Rehabilitation Professional is not to be influenced by the employer and insurance company or the injured worker and his or her attorney.  The Rehabilitation Professional is not allowed to be a direct care giver for the injured worker but is there to assist and coordinate the care with the treating physicians and other providers.

Can I File Bankruptcy Even If I Have A Job?

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Of course!  The court does not expect everyone who files bankruptcy to be down, out, and unemployed.  That’s just not how life works; our clients are good hard working people who have simply fallen on hard times. You may have a job and file a bankruptcy and in most cases unless you have signed something stating that the employer must be notified if you file a bankruptcy, your employer wouldn’t have a clue you even filed.

Male on White BackgroundIn your petition you are required to report your income in several different areas.  You will have to show your earnings for the past two years, where you work now and what your expected income going forward as well as what you have earned in the past 6 months prior to filing the bankruptcy. In bankruptcy, your income is calculated based upon a “Means Test”; although there are many other types of income besides employment that are also a factor in the means test.  This tells the court whether or not you qualify for a Chapter 7 bankruptcy or if you will need to file a Chapter 13 bankruptcy based upon your income.

In the event that you file a Chapter 13 bankruptcy your debts are a factor, but your plan payments will be based also largely upon your past 6 months of income.  For example, let’s say that based upon your arrears and debt in the plan, you’re looking at plan payments of $500 per month, BUT based upon your prior 6 months, your income shows that you have an extra $1,000 left over each month.  You would make a payment closer to the $1,000 mark because your prior income states that you can afford it.

Also, in the occurrence that you file a bankruptcy and you have any secured items in which you may wish to keep (such as a house, car, jewelry, furniture, or electronics) you must be able to show that you can afford to make the contractual monthly payments.  The court will not allow you to file a Chapter 7 bankruptcy unemployed and still keep your home unless you can show you are getting income from another source (like family support) to show you can afford the monthly payment.  Bankruptcy court has been enacted to help consumers. Whether you have a job or not does have an impact on your bankruptcy options but you can certainly still file a bankruptcy even if you do not have a job.

What Is A Form 25C In A North Carolina Workers’ Compensation Case?

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Father and Daughter Surfing the WebA Form 25C in Workers’ Compensation is an Authorization for Rehabilitation Professional to Obtain Medical Records of Current Treatment.  When you have been injured on a job and you have started your Workers’ Compensation case, you will be assigned to a physician picked by the insurance company representing the company in which you work(ed) for.  At this point you and the doctor will begin treatment to get you improved medically to the maximum potential (your MMI, maximum medical improvement).   If your physician feels like you need to be seen by a specialist in order to reach your MMI then the physician will send written recommendation and authorization for the specialist to treat you.

At this point, this is where a Form 25C comes in to play.  A Form 25C in Workers’ Compensation is an Authorization for Rehabilitation Professional to Obtain Medical Records of Current Treatment and is filed with the North Carolina Industrial Commission.  This gives permission for the treating specialist to obtain your medical records of treatment resulting from your work related injury to assess your current health situation.

What happens if you do not feel like you should have to see a specialist?  If you wish to continue with your case, unfortunately there is not much choice!  Your refusal to sign this form upon the request of the rehabilitation professional can result in being deemed as “noncompliant” with rehabilitation and the North Carolina Industrial Commission can suspend your benefits.  It is very important throughout your Workers’ Compensation case that you comply with all rules and regulations of the North Carolina Industrial Commission.

Like all other facets of the law, Workers’ Compensation is very complicated and best handled by an experienced attorney.  It is strongly advised that if you think you may have a workers’ compensation case that you consult an attorney.

What Is A Form 23 in North Carolina Workers' Compensation?

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Construction Worker Injured at Work in North CarolinaNorth Carolina Industrial Commission Form 23 is the Application to Reinstate Payment of Disability Compensation. The NCIC requires this form to be used when payment from the employer to the employee in a workers’ compensation case has stopped, and the employee wants to reestablish a payment schedule with their employer. The form has two sections; one must be completed by the employee, and the other must be completed by the employer.

In the section to be filled out by the employee, you must record the nature of your original injury and the history of the case so far. This includes payments already received and which forms have been filed to establish original compensation. You must also state the reason you are seeking further payments from your employer.

The section that is to be completed by the employer can be filled out in one of two ways—If the request to reinstate payments is not being contested, then the employer must record the amount of the new payments and the date on which they will resume. If the employer does choose to contest the employee’s request for new payments then they must state their reason on this form. The employer must also provide a contact phone number so that the North Carolina Industrial Commission may conduct and informal phone interview to discuss why they have declined to reinstate payment.

What Is A Form 28 In North Carolina Workers’ Compensation?

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ChecklistA Form 28 in a workers’ compensation case is a Return to Work Form.  This form is usually completed by your employer or their workers’ compensation insurance company and states that under the Workers’ Compensation Act, an employee can return to work.  What it means is that you as the employee have reached your maximum level of improvement medically, and your treating physician has stated you can return back to your old position (or something similar). This form is only if you are okay to return to work like normal, and this is not a trial return to work, it also means that you meet one of the exclusions contained in North Carolina Industrial Commission Rule 404A(7).

What does that mean for you?  This means that since you have been given the “OK” to go back to work, you will no longer receive your disability compensation.  If your doctor is still “iffy” on sending you back to work at 100% of your capacity, you are entitled to return on a trial basis which is not to exceed 9 months; unless you have been released by your doctor for unrestricted work in which your trial return may be limited to only 45 days.  During this trial period, you may be entitled to partial disability compensation if you earn less in wages now than before your injury.  This is only if this is caused by your on-the-job injury.  If this is the case a separate form (Form 28T) must be filled out.

Is It Common For a Loan Modification To Be Delayed?

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When you are having trouble making your house payments, there are options that might work well for you. One of these options is a loan modification. This is when the bank changes your loan so that you have a lower, more affordable monthly payment. Many people who try to obtain a loan modification have been facing delays of all types.

Girl on White BackgroundWhen trying to get a loan modification, there is a lot of paperwork that the lender will need to determine whether you will qualify. Once the documents are submitted to the lender, some people will then get notification from the bank that either they are missing paperwork or that additional paperwork is needed. Another thing that seems to be common lately in the process is the lender telling the homeowner that they have missed a deadline. If that happens, they may even go back to the beginning of the process and start everything over. Typically, that means the homeowner has new deadlines, and has to submit all or some the paperwork over again.

It seems common lately for banks to say that they will not even consider a loan modification if you are current on the payments. They encourage people to stop making the payments so that they will have a better chance of getting a loan modification. Then, after the homeowner is several months behind in payments, the bank denies them the modification and the foreclosure process begins.

Typically, after applying for a loan modification, the lender will put the homeowner on a trial period for a few months at the lower payment amount. Make sure you keep all information pertaining to these payments. It has not been uncommon lately for the lender to either say they did not receive the payment on time or at all, or they do not credit the payment to your account correctly.

So if you are looking into the possibility of modifying your loan, be sure you are prepared for the possibility of long delays and a lot of paperwork. There could be more than one person handling your account, so make sure you write down and keep track of the entire process, including who you talk to, what papers you receive in the mail, what payments you send in, etc. Also, be sure you are persistent and follow up with the bank so you don’t slip through the cracks.