trial

[doubletrouble]

Hi all been awhile, I was informed by my attorney I believe in March. he was going to ask for trial because mediation was not going so well. I recieved a letter in the mail trial date for settlement set for 6/23. He called me in April and told me to be expecting a letter from the otherside for an IME, well less than two weeks to go and nothing. I called him a month ago and told him I had not yet recieved anything he did`nt seem concerned but I am, what gives? 2 years with no medical, 2 of my boys are paying all the bills my wife and I were realy hoping and praying to be done with this, this summer but I dont know. You may want to look at my previous posts for my history just because its taking forever to get this typed. Thanks.

[1171]

looks like your atty guessed wrong; it's difficult to predict another's behavior.

[doubletrouble]

Well I heard from my lawyer last friday it seems the other side sent IME appointment to my old address. I have to be seen on the 29th of this month but trial is still on for tomorrow so I guess this will just have to be draged out longer.

[doubletrouble]

Oh man what a farce, I got back from court about an hour ago and Im just trying to let it all soak in. This is nuts, there is no end it seems I get in the court room and the Judge decides to send it back to a mediator in August and another trial date set for October. The two attorneys from the other side are still pointing the finger at each other and claiming my issues are not work related but from bone spurs and arthritis {DDD} and my lawyer says that they will likely win that due to the depos from both my surgeon and IME doc. and oh goody I get to see the same IME doc from the other side that origanally said in 2005 I may not require surgery so I all ready know where this is going. He said that we will win on the permanent dissability of the origanal injury and threw a big number at them and said we will wait for a reply, sooo I kinda feel screwed, I was realy hopeing to at least get medical today but it looks as though I will never get it. What bothers me is what if my surgeon missed something on the last MRI I cant even go to another doc for a second opinion and my attorneys IME never saw the films just read the report. It just dont feel right.

[1171]

if treatment is denied then you can use your health insurance.
health cares still needs a lot more reform so it doesn't matter whether it was from work or non-work.

[doubletrouble]

This is the day after trial I do understand more of what happend now because my attny called yesterday and spoke with my wife as I was sleeping. I think it was either bbbb or you 1171 who told me that I realy did`nt want PTD well now I get it because with PPD I will not have to deal with this system for life and right about now I`d be greatfull for that. My attny also told her that he was fighting for 5 years wages and that was the number he gave to the other side yesterday. I am still a little frazled about medical, I understand I can see any doc now with other INS. but I still have to wait untill this is all over and have cash in hand cause I dont have INS. And what if and this is only hypothetical I do see a doc and he sugest I have thorasic outlet syndrome that was caused by my work injury I have done alot of reading over these last two years and have recently been studying this because I do have all the symptoms for this. If my surgeon is not familier with TOS he would not know how to diagnose it. Now if a new doc after this is all done does diagnose TOS then what?

[1171]

depends on how your work injury gets settled. if there is a buyout then you'd be on your own.
if you still have benefits then it would be covered once the cause was established.

[doubletrouble]

That makes some since, my attny did also tell me yesterday we were not closeing the case. But then quickly went on to something else and I got side tracked and did`nt follow up on that. I have learned so much on this forum but there are issues that arise that I don`t see comeing so I thank you for your insite.

[Bad Boy Bad Boy]

Doubletrouble, I have TOS, and trust me, it would of showed up on your MRI's, Cat Scans, or even some X-rays.

Might I ask why you feel you have TOS? As TOS isn't any fun at all trust me. Do you ever feel something like a bone move in a certain area, and if so where might that be?

[doubletrouble]

Yes bad boy it feels like my collar bone is poping out of my shoulders and its on both sides but I mostly feel it on my left and it started there first.