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Another Settlement Offer - Bummer Knees - 06-09-2010 05:16 PM

I received another settlement offer per the wc case by mail today.

Mine is a bilateral knee injury.

Todate I've had 3 knee surgeries, one being a total knee replacement.

I am currently receiving medical treatment, (nine) OT & PT sessions a week Next week I return to the wc doctor, and expect he may try & place me at MMI.

The settlement offers started in December at $10,000., and ended at $40,000. with the respondants requesting I sign a statement saying the replacement was not a wc injury. In return the insurance company would seek reimbursement for medical bills from the state fund.

Since the last offer the judge added the lumbar spine & carpal tunnel as part of the injury.

Now the respondant has made another offer to settle, and wants to close out the medical, (their exact works)

How can they close out the medical when I am on SSDI?

Guess I don't understand this.

Thanks for taking the time to read this.

Bummer Knees


RE: Another Settlement Offer - jayne - 06-09-2010 06:55 PM

I am guessing here but I believe they want to do a set aside for medicare and cut their losses....Not for sure tho....what does your lawyer say?


RE: Another Settlement Offer - Bummer Knees - 06-09-2010 07:32 PM

He said he is not taking this settlement offer seriously because I am still under medical treatment.

The respondant's attorney said if I do not take this offer they will go ahead with the appeal for medical treatment and go before the judge to reverse the decision on the carpal tunnel and knee replacement on final award before the ALJ.


RE: Another Settlement Offer - jayne - 06-09-2010 07:37 PM

and you are worried? they must think you have a case or they wouldnt offer to settle


RE: Another Settlement Offer - AQA - 06-09-2010 07:59 PM

They don't care if you receive SSDI.. They can still try to close out the medical.

Me personally, I wouldn't worry about it. It sounds like they are using a scare tactic. Think about it.........
Put yourself in the shoes of the IC lawyer.
What better tatic to scare someone. Threaten them to loose something that they fought to get and just got.


RE: Another Settlement Offer - red1030 - 06-09-2010 08:35 PM

Bummer I agree with the others..it sounds like a scare tactic... to have you sign and say that something wasn't w/c that they paid for... I am not sure what impact to you could be for doing that...but I am sure that your lawyer does. Good luck in all of this Red


RE: Another Settlement Offer - inpainokla - 06-09-2010 09:15 PM

bummer do you think its a fair settlement offer and are you happy with your medical treatment??


RE: Another Settlement Offer - Bummer Knees - 06-09-2010 10:27 PM

The listed a figure my attorney gave them before the lumbar spine and right hand were added to the claim.

The closing line of the letter ask for me to give them a figure I am willing to settle for. I might add in Kansas $100,000.00 -$125,000.00 is the max allowed for settlement.

Inpain, I recently started medical treatment after a 17 months wait for the hand and 3 yr for the back. I do not believe my treatment is complete at this time.


RE: Another Settlement Offer - Cervical_Fusion - 06-10-2010 12:07 AM

I would think that if they got a person to sign off and say that it was not a wc acc or procedure, then they could get away with not doing a medicare set aside


RE: Another Settlement Offer - inpainokla - 06-10-2010 08:21 AM

Bummer Knees Wrote:The listed a figure my attorney gave them before the lumbar spine and right hand were added to the claim.

The closing line of the letter ask for me to give them a figure I am willing to settle for. I might add in Kansas $100,000.00 -$125,000.00 is the max allowed for settlement.

Inpain, I recently started medical treatment after a 17 months wait for the hand and 3 yr for the back. I do not believe my treatment is complete at this time.

im sorry BK i am not familiar with your case...but i do hope you get what you need...