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Workers comp wants me to settle. Im still in pain.

I got a email from workers comp today with a settlement offer. 

I was supposed to get another ESI, and a flexation xray to check for instability. Im in too much pain to even consider a settlement. I will be seeing my attorney monday. 

Have any of you had this trouble? What happens next? I cant settle. As much as I would like to have the money. 

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13

Comments

  • Oh and they said that their doctor. Who I havent seen in six months just decided that I have reached mmi. My doctor, the one who see's me regular and did my surgery wants more tests.

  • L4_L5LL4_L5 Posts: 1,460
    edited 02/02/2018 - 9:28 PM

    What conditions are allowed in your claim? 

    Is your comp doctor (your POR .... physician of record) the doctor your company wanted you to see after you were hurt or is it a comp doctor your lawyer recommended?

    If you don’t agree you’re MMI then consider discussing that with your lawyer. 

    Considering you’re still in a lot of pain I’m surprised you’re not seeing your POR once a month. Six months without seeing him is a long time. 

    No wonder they’re trying to settle. They’re probably under the impression that you’re doing better since you haven’t seen your POR in half a year.

    In addition since you’re still in a lot of pain it’s important to see your POR regularly otherwise you increase your odds of denial for getting new procedures approved (without having to go to hearings) due to gaps in your treatment.

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  • No. The comp doctor is the doctor that gave me a IME. My neurosurgeon sees me quite regular. 

  • L4_L5LL4_L5 Posts: 1,460
    edited 02/02/2018 - 11:29 PM

    Did the IME assign you an impairment rating? If so most lawyers will disagree with the IME’s rating and argue it’s too low; then your attorney will schedule an appmt with a doctor of their choice for a second opinion as to the impairment rating.

    Then when your lawyer goes to the hearing for your PPD the hearing officer will likely choose a rating somewhere in between the IME’s rating and the rating the doctor who your lawyer sent you to assigned you (this number is almost always higher and many times is much higher).

    Maybe when you use the word “settle” you’re referring to PPD which is totally different than settling. 

    I want to answer more questions for you but don’t want to break any forum rules by being too specific. 

    In an old thread (https://www.spine-health.com/forum/discussion/comment/447847#Comment_447847) David and Sandra recommended a new attorney. That unfortunately is not always easy because of the contract you would have signed with your current attorney.

    It just doesn’t sound like your attorney is doing things to ensure you the best possible outcome. 

    As far as how slow WC is that’s normal and nothing can be done to change that, I’m afraid.


  • The doctor did issue a impairment rating. 

    I texted my lawyer today for a appointment. Im gonna keep my lawyer I guess. Too much goes into switching. 

    I still have major back problems. I was issued a flex xray by my surgeon another Epidural steroid injection. 

    The doctor that put me at mmi was the doc that gave me a Independent med exam 6 months ago. The comp doc. 


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  • Since you’re still struggling big time with pain I would ask your lawyer what you can do to get back on light duty (if disagree with being on MMI). 

    I hope all your neurosurgeon visits are being covered by comp and that you’re not using your private insurance to pay those.

  • Rules vary from state to state.  In KY, the doctor who performed surgery is the person who decides when MMI is reached and figures your Partial Permanent Disability rating.  The rating is what typically drives the settlement amount.  I would suggest that you ask your attorney if WC will be on the hook for continued care if you don't settle out.  Some states also have multipliers they add to the settlement amount based on your education level, ability to return to work and age.

    Keep a copy of EVERYTHING you receive in writing!  I'm 11 years post op and have had to refer back to my initial paperwork multiple times because WC re-opened my case to get out of covering me.  They lost both times. 

    Several Epidurals, L4-S1 360 ALIF, Numerous Facet Joint Injections, RFA x2
  • EMS guy is correct! Things you might not have thought about though is can you afford the ongoing medical care after settling? You will be surprised of what your giving up AFTER you sign that settlement and the way it’s worded. You will most likely be laid off for BS reasons due to risk management. Yes, they can fire you while your still on W/C so cross your Ts and dot your I,s! Your lawyer during mediation will go for a high figure, Their lawyer will go for a ridiculous low level. Most claims are closed at the mediation. I don,t know your age, company or issues but trust me when I say don’t trust anyone involved with your employer or case manager! They are NOT on your side! I’m speaking from experience!

    DavidG

    Veritas-Health Forum Moderator

  • As far as the receiving a E mail with a offer, reply to them that all e mails be directed to your attorney!!!

    DavidG

    Veritas-Health Forum Moderator

  • L4_L5LL4_L5 Posts: 1,460
    edited 02/06/2018 - 3:32 PM

     In KY, the doctor who performed surgery is the person who decides when MMI is reached and figures your Partial Permanent Disability rating.
    What if the injured worker doesn’t require surgery? Who decides MMI then? An IME?

    Are you saying in KY your lawyer can’t schedule an appmt for you to see a doctor of his choice to challenge the impairment rating?

    That doesn’t seem very fair. However. when you can get a second opinion on your impairment rating, then you have a chance to get a fair rating.

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