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+--- Thread: What to do after MSC with no conclusion (/showthread.php?tid=13618)
What to do after MSC with no conclusion - casual1 - 05-19-2012 01:00 AM
I am still waiting for an answer from the DA at the MSC. He made an offer that was 50% of the value of the claim. My AA made a 90% offer. DA stated that he would call the IC and get an answer regarding our offer. That was three weeks ago and still no answer. Where do we go from here? Will this end in front of a judge?
RE: What to do after MSC with no conclusion - 1171 - 05-19-2012 01:48 AM
no response is an answer; it's "not interested".
what next depends on your atty.
they should file for a hearing or they could continue to negotiate.
the strategy for negotiation is to not give the other party what they want or expect.
the best counter strategy is patience but move forward with what the other party doesn't want--to put on a trial and spend a day or more in court while work piles up back at the desk.
keep the pressure on for a hearing even if your atty balks (they hate trials as well).
RE: What to do after MSC with no conclusion - casual1 - 05-28-2012 12:06 PM
I agree with you. The DA is still on vacation till the 04 June 2012 (three weeks). I requested that my AA contact the DA's assistant at work to get an answer to our counter offer in 27 May 2012 MSC. Still no answer back. That was 2 weeks ago.
I asked for a demand letter to be sent to the DA, turning down his low offer, then file to gain an award. It appears that my AA wants to wait till DA gets back from vacation and try talking to him at this time.
If I were the DA, I would do the same thing, ignore AA requests until the AA files to get this done. The DA wants to continue this game, the more work he creates, the more billable hours. He has no intention of moving this along, because this benefits him to intentionally stall, bill more hours.
The AA has no interest to move this along because of the low dollar amount. She is sharing the 15% with another AA, so more work she performs does not gain her that much additional reward.
So after 7 years, the games continue with no conclusion.
RE: What to do after MSC with no conclusion - casual1 - 05-28-2012 12:06 PM
I agree with you. The DA is still on vacation till the 04 June 2012 (three weeks). I requested that my AA contact the DA's assistant at work to get an answer to our counter offer in 27 May 2012 MSC. Still no answer back. That was 2 weeks ago.
I asked for a demand letter to be sent to the DA, turning down his low offer, then file to gain an award. It appears that my AA wants to wait till DA gets back from vacation and try talking to him at this time.
If I were the DA, I would do the same thing, ignore AA requests until the AA files to get this done. The DA wants to continue this game, the more work he creates, the more billable hours. He has no intention of moving this along, because this benefits him to intentionally stall, bill more hours.
The AA has no interest to move this along because of the low dollar amount. She is sharing the 15% with another AA, so more work she performs does not gain her that much additional reward.
So after 7 years, the games continue with no conclusion.
RE: What to do after MSC with no conclusion - 1171 - 05-28-2012 12:21 PM
(05-28-2012 12:06 PM)casual1 Wrote: I agree with you. The DA is still on vacation till the 04 June 2012 (three weeks). I requested that my AA contact the DA's assistant at work to get an answer to our counter offer in 27 May 2012 MSC. Still no answer back. That was 2 weeks ago.
I asked for a demand letter to be sent to the DA, turning down his low offer, then file to gain an award. It appears that my AA wants to wait till DA gets back from vacation and try talking to him at this time.
If I were the DA, I would do the same thing, ignore AA requests until the AA files to get this done. The DA wants to continue this game, the more work he creates, the more billable hours. He has no intention of moving this along, because this benefits him to intentionally stall, bill more hours.
The AA has no interest to move this along because of the low dollar amount. She is sharing the 15% with another AA, so more work she performs does not gain her that much additional reward.
So after 7 years, the games continue with no conclusion.
if you had a sudden need for expensive testing or treatment that might get some settlement attention.
RE: What to do after MSC with no conclusion - casual1 - 05-29-2012 11:35 AM
This should be at a final stage after 7 long years. I have two herniated disks in my neck,want to use this WC money to gain shots to try to get some relief. The AME stated that my company where I worked was 25% responsible for my neck injuries, then after the DA talked to the AME, then this AME changed his mind at the deposition.
When the AA calls the DA on 04 June 2012, and the DA ignores the call to continue to intentionally stall this case, what is the next step? Demand letter, file for a hearing for an award? How do I get my AA to perform this next function?
RE: What to do after MSC with no conclusion - casual1 - 05-29-2012 11:35 AM
This should be at a final stage after 7 long years. I have two herniated disks in my neck,want to use this WC money to gain shots to try to get some relief. The AME stated that my company where I worked was 25% responsible for my neck injuries, then after the DA talked to the AME, then this AME changed his mind at the deposition.
When the AA calls the DA on 04 June 2012, and the DA ignores the call to continue to intentionally stall this case, what is the next step? Demand letter, file for a hearing for an award? How do I get my AA to perform this next function?
RE: What to do after MSC with no conclusion - 1171 - 05-29-2012 12:26 PM
as i posted ealier you need a hearing date.
you can change attys at any time there will be single fee shared among the attys.