NEWS FLASH / Bad Boy & Settlement - Printable Version
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NEWS FLASH / Bad Boy & Settlement - Bad Boy Bad Boy - 08-15-2008 04:10 PM
Today, I talked with my Attorney. My Medicare Set-Aside is being work on as we speak.... Surely you all should then now what that means for me... The problem was, the second Insurance Carrier wanted to split the Medicare Set-Aside with the first Insurance Carrier. My Attorney advised them, it would not happen, and never make it 5 minutes in front of any Judge. For I went back to work, after my first 3 level cervical fusion, and never had a problem with working, till I was forced out a year later by the Co-workers prank. meaning, 1st time I was able to work, 2nd time unable to work. Well and behold, 2nd Carrier is picking it up and now working on it.
I was told maybe 2 months till settlement time.
Thank God, it's been a long 4 years waiting to make settlement....
RE: NEWS FLASH / Bad Boy & Settlement - nauticalgurl1 - 08-15-2008 04:15 PM
I'm hoping you have a good outcome with all!!! You deserve it.
RE: NEWS FLASH / Bad Boy & Settlement - Bad Boy Bad Boy - 08-15-2008 04:20 PM
Nauticalgurl1, thank you.
I want you to see what happens (sometimes) to an injured worker. I've only been waiting 4 years to settle my cases. I've been in this whole mess though for 8 years. As you see, nothing happens quickly.
RE: NEWS FLASH / Bad Boy & Settlement - halftrak - 08-15-2008 04:52 PM
great news bad boy you stuck to your guns, hopefully everything works out for you.halftrak
RE: NEWS FLASH / Bad Boy & Settlement - sparkey - 08-15-2008 05:11 PM
I did not know you were still waiting on a settlement. It is wonderful to hear that this may all be coming to a final close for the best. If you do not mind, I do not remember what your injury was ,and why has it taken 4 yrs for your settlement?
RE: NEWS FLASH / Bad Boy & Settlement - Bummer Knees - 08-15-2008 05:30 PM
Congrats Bad Boy, it's been a long time coming. Have you had all of the surgeries you need?
Since being on this forum I have noticed at certian times of years several IW's seem to be talking with their insurance company at the same time about settlement.
I was contacted by the insurance company yesterday on the auto accident and they want to talk settlement.
RE: NEWS FLASH / Bad Boy & Settlement - Tuffy - 08-15-2008 05:40 PM
Way to go BB!!!!!!!! You have had your share of fighting and have stuck to your beliefs. You deserve every thing and more. Will this mean we will see you in Florida in May???? There are so many that you have helped over the years ( me included) That would love to put a face to the name and shake your hand.
RE: NEWS FLASH / Bad Boy & Settlement - Bad Boy Bad Boy - 08-15-2008 05:44 PM
Sparkey, it all started when I caught a auto transmission in mid air. Blew 3 cervical disc. Had a 3 level fusion, and return to full duty, no restrictions. 1 year later, a co-worker played a prank on me, blew out the plate and screws and fracture one fusion. Had that replaced do to emergency reasons of course, but at the same time, it blew 3 more other disc in the cervical neck, went in after healed, removed plate and screws again, sewed that up, flipped me over, cut me from half way up my skull, to half way down my back, and obtained a 6 level fusion from C3 to T1, with rods now on both sides my cervical spine, and screws. (yes, I can still turn my head, just not to the full extent) 2nd cervical inury left me with nerve damage to the C8 sensory nerve going down right arm, and also TOS. I have very little feeling in right hand, I was told I would need to be retrained to now use my left hand, instead, I retrained my brain, and vision, to make my right hand work for me. I do type, but can only finger peck now.
I was cut off from WC in Feb 2004, because after 1 year or so of Voc Rehab, they said I wasn't compling, of course just another lie. Been working on a settlement since. In between the 2 cervical injuries, I had to readjust my body to work on cars/trucks, and that resulted in a lumbar pain issue which was being treated till the co-workers prank. I have 3 running Work Comp case, with 2 different insurance carriers. 1st carrier went belly up, but I was lucky because my State secondary injury fund people got the money for me from the 1st carrier.
Why did it take 4 years to settle, it takes alot lot of work, to get these attorneys together, and then to deal with who is going to pay what, and proving who has to pay for what.
In my settlement, also, they owe me $320.00 a week for 3 full years, and I want that seperate from my settlement. They were only paying 1/2 of what I should of been getting for TTD, because Insurance 2 was saying insurance 1 should pay half, the fact is, it's been proven now, they were wrong, and that as you seen I wrote, insurance 2 is also paying for my Medicare set aside now also.
In a nut shell, Insurance #2 just didn't want to pay the whole amount of TTD or the Medicare, or the settlement. It is a battle that must and just does take plenty of time. In my cases, you just can't give in, or throw the towel in, for the lose would be huge, but as you can see, insurance #2 was banking on me tossing the towel in, but they lost their bet...
My settlement will be based on, a Mim $1,000.00 per week income. That was my base pay when injured. Of course I made more than that amount each week, but being in the Union, and with my job training, certifactes, and skill level, i was guaranteed $1,000.00 per week, even if I just stood there day by day. That amount is then based on 28 years of income I will and did lose. As you may know, settlements are allowed to be discounted, based on Interest rates for 28 years. There is so much work that goes behind a good settlement, and in my case only a great Attorney that has done these type case will prevail. Many other Attorney's would throw the towel in, for this is very hard to work it all out.
Sparkey, I am one of those people, that can sit back, took their abuse, and then refused to give them what they wanted, and switch the terms to a bargining table for this is what I want. I would surely wait more years, if things were not going my way, or to the better of the good for me. I just won't give in, or let them think I would give in. They do know this also by the way. As they had been informed, I won't crack.
Sparkey, also the fact, that I was given only a 20% chance of living on the surgery table while having the 6 level fusion performed, and the 3 level fusion plate removed. The horror of that lives with me every single day since. The flash backs of the prank have replayed in my mind each and everyday since. Guess that speaks for why I would never give up now, or ever.
Also, I have a 6 foot book case right next to my desk. The only thing in the case on the shelves are all my work comp records. I'm had to stuff in the last bit I had on the shelves. I have ever Xray, every film, every MRI, Cat Scan, and Mylogram film here with me. I had a Zip drive on my other computer, and what wasn't on paper, is in the tapes from the Zip drive. And I have the Plate and Screws that blew out of my neck, I also have the Bone growth Stimulator that was implanted in me for one year. I'm not a pack rat, I just never knew what I may need some day. maybe someday, I can play show and tell with someone. ROTFLMAO
RE: NEWS FLASH / Bad Boy & Settlement - Bad Boy Bad Boy - 08-15-2008 05:59 PM
Tuffy, we shall see, we shall see. Shake hands??????
RE: NEWS FLASH / Bad Boy & Settlement - Bummer Knees - 08-15-2008 06:14 PM
Did I hear it has been 7 years since your injury?
After reading your above post all I can say is WOW!
You are one tough guy.