QUESTION

[highdesertguy]

so I had a qme appt few months ago
called my atty yesterday he tells me we have a msc in november.
but then he says they are requesting an ame or ema?
what is that? my attorney is not very good answering too many questions,and also what can I expect after this MSC in court in nov.
Iam in california,carrier has also sent me a letter informing me.
that the spinal fussion requested is not certified.
my atty is trying to leave my medical open.
doctor says I will need that 3 level spinal fussion soon
Iam in a lot of pain still fter 3 level laminectomy-discetomy
its been 2 years of misery on this WC nightmare.
all I want to do is get better to see If Iam going to be able.
to do some kind of work in the future.my MMI
30% disabled...thanks for your help.

[kate]

1171 is the expert for CA and should be around shortly.

[1171]

probably an AME (Agreed Medical Examiner).
http://www.dir.ca.gov/dwc/WCGlossary.htm

since your atty told you he's planning on an AME, expect the case not to settle at the MSC.
leaving the medical open means you'll get periodic disability payments and not a lumpsum buyout of your claim.

you said in previous post that you were going to a court hearing and you were expecting settlement.
an MSC (mandatory settlement conference) is not a hearing.
just because an offer is made doesn't mean the case will settle; both parties have to agree in order to settle.

you also posted earlier that "you just want out..."
doesn't sound like you and your atty are on the same page as open medical keeps the claim open for as long as you need treatment.

you also said earlier that you were thinking of declining the fusion.
until you know for sure, an award that leaves the medical open protects you from the high costs if you change your mind.

you have to decide whether you want out or want protection-- you can't have it both ways.

[highdesertguy]

1171 Wrote:probably an AME (Agreed Medical Examiner).
http://www.dir.ca.gov/dwc/WCGlossary.htm

since your atty told you he's planning on an AME, expect the case not to settle at the MSC.
leaving the medical open means you'll get periodic disability payments and not a lumpsum buyout of your claim.

you said in previous post that you were going to a court hearing and you were expecting settlement.
an MSC (mandatory settlement conference) is not a hearing.
just because an offer is made doesn't mean the case will settle; both parties have to agree in order to settle.

you also posted earlier that "you just want out..."
doesn't sound like you and your atty are on the same page as open medical keeps the claim open for as long as you need treatment.

you also said earlier that you were thinking of declining the fusion.
until you know for sure an award that leaves the medical open protects you from the high costs if you change your mind.

you have to decide whether you want out or want protection-- you can't have it both ways.

again thanks for all your helpful information!

[highdesertguy]

is there anyway we can settle wit medical open.
and a lumpsum?

[1171]

highdesertguy Wrote:is there anyway we can settle wit medical open.
and a lumpsum?

you can ask the court to cummute all or part of the permanent disability award.
the carrier can object and you have to have legitimate reasons.
the carrier retains a small portion because the interest is lost.