Settlement Conference Monday

[jayne]

it may come down to a fight who is responsiable for what % of your injury WC or the Dr

[Wink]

(12-20-2010 10:54 PM)jayne Wrote:  it may come down to a fight who is responsiable for what % of your injury WC or the Dr

The WC Insurance Carrier will be responsible. The stupid doctor is just icing on the cake!

[bodybuilder1958]

The cervical injury was not included in the WC case. I don't see how the cervical injury could determine the settlement nor the responsibility.

I can vouch for this doctor being rough. I can vouch for this doctor attempting to examine other areas of the body not included in the injury. I saw him for my first knee surgery. He kept trying to examine my back. I got mad, threatened to find another doctor and he didn't stray again.

[Bummer Knees]

bodybuilder yesterday when our attorney, my sister & I were in the conference room talking, he asked about the injury.
Our attorney asked exactly what happened at that appointment in July, he has never asked this question before.

Millie told him about this doctor, about how rough this doctor gets when doing an exam.

The respondent's attorney is the one who pointed out; March 2010 I saw the neurosurgeon with my condition be listed as stable and cervical sirgery was not recommended unless the condition worsen. After the injury by the wc doctor I returned to the neurosurgeon with his records reading, a ACDF at C5-6 with insturmentation being recommended.

Bodybuilder is correct, I have not added this to the work comp claim as I want to select my own doctor, and if treatment is needed, I want it done "now".

With work comp I would have to wait years for medical treatment due to the denials and delays, and with that choice I am paying the bills on this one.

[Bummer Knees]

I wanted to update this thread, a day after the settlement conference the attorney working for the insurance company called my attorney and said they would settle for the amount we were asking.

I have a settlement hearing scheduled for Janurary 5th. All settlements in the state of Kansas must have the ALJ's approval.

The insurance company has already hired a firm to work on the MSA and it will be ready to send to CMS by the hearing date.

[jayne]

thats the hard part Kathy..Sithy settled several months ago agreed to the amount..even got an advance on the settlement so she could move to Texas....but her MSA is a sticking point Medicare and the IC cant agree so she is in Texas with no money and depressed as hell

[Bummer Knees]

My attorney will receive the check on the 5th and it will go into his account.
He said I will have my money in 10-12 days after the hearing.

I questioned him about the medical and he said the proposed MSA will be presented to the judge at the hearing, and then go to CMS for approval. If there is a problem with the CMS, my medical will be kept open. (I don't want open medical I want the setaside, this is where I may have problems)