• Please excuse our dust
  • We are continuing the redesign of our forums
  • We'll get there eventually!
Hello There, Guest! Login Register


Thread Rating:
  • 0 Vote(s) - 0 Average
  • 1
  • 2
  • 3
  • 4
  • 5
Settlement Letter
#1
WEll met with my attorney this morning. He received a letter from the employer IC asking if we were interested in settlement. After discussion with my attny about the amount my case is "worth" he suggested $50k and 6months medical. Since the IC has not accepted my new diagnosis of SI joint dysfunction my attorney is only willing to write settlement for loss of wages for 2-3 years and to obtain private health insurance. The IC only has my injury as Lower Lumbar sprain/strain, but it has since been changed to SI Joint Dysfunction. He said that since the IC has not accepted this as my injury from the accident then we cannot settle on this injury. He says that we can appeal and request this injury be added into the claim but then we would have a bigger fight on our hands and the offer to settle may be out the window, and that I will not be able to have insurance later that will cover this.
He also said that we can say no to settlement and go back to court and the judge can award me nothing since I am able to perform a job like greeter at walmart for minimum wage and that would total more then my average weekly rate which would leave me with nothing to settle for. and terminate my benefits because there is not enough medical support for the SI joint claim because the Dr's have not looked further into it they have all been treating and looking at my lower lumbar. Since the diagnosis is fairly new and I was already receiving treatment that would be the typical treatment for SI joint then they just continued.

I am not sure what to actually do. Whether to look into settlement or if I should continue fighting in court for benefits and push the Dr's to look more into different more effective treatments for my SI Joint?? Attny says my case is a tricky one because my injury is not a typical injury and that not many people believe that area can be affected. So I am lost. If anyone has any suggestions as to what my next step could be please I am open to them. I have no idea what to do. Its like they are all done dealing with me and they wanna pay me to go away, but is this the right thing for me to do? I don't want to end up completely disabled and with nothing, if I do or do not settle.

So on the other hand I am hoping that they settle for our offer and I can be done with everything. And since my diagnosis is not accepted by IC yet it will still be covered by the private insurance I can get on my own or through a new job if I am able to find one that is within my restrictions. But the 2-3 years of wages is enough to help me have time to figure things out and be able to find a job within my restrictions and provide me with enough to pay for private insurance out of pocket until I am able to get insurance through a new job(if possible).

If I find after settlement that I am unable to perform the work even under my restrictions could I be eligible for SSI disability? and if so would there be any kind of offset or money owed back to the IC?
31 year old mother of 3. Working as Pre-K Teacher. Tripped over leg of therapy swing, twisted and jammed lower back.
Diagnosed w/ SI Joint Dysfunction. Moderate to severe pain daily. Limiting most functions.
 
Reply
#2
Hard one you have to do what you feel is best for you and your family 50k isnt much after your lawyer takes his cut you bring home around 30k.......
........I love cats, I just cant eat a whole one by myself......







 
Reply
#3
I have decided that when they come back with a denial, and or counter offer letter to our request (which they will, I know it) I am not taking it. I do not want to give up medical for my injury. Whose to say that I will ever gain employment to cover my medical expenses? I went to my dr the other day and he said the way it looks now i might as well start to plan on having these issues for some time, since my pain is only responding to manual adjustments and prescription pain meds. If I or my dr ever wants to look into surgical remedies for my SI Joint it is not going to be covered.

I finally got to the bottom of my lawyer stating that he wouild suggest settlement since he doesnt think we may win if it goes to court.
They are trying to use the fact that I chose, along with my husband, to place our son into cyber schooling instead of regular schooling and are requesting all information pertaining to what is needed on my end to aid him in this school. They are saying that since I can stay home and teach him then I should be able to go into a classroom with 15, 3-5 year olds and work. That I am essentially working from home. He also made several referenced to my postings on facebook and how they could use those. To which I say show my page to the judge and show where I am at in pictures doing what you say I am ........there are none and there never was. Yes I posted about going to camp....but it was within my restrictions and I wasnt alone there were 4 other adults there.

I have done nothing wrong against my case I have told the truth from the beginning and will continue to do so. Why is it that my attny cannot see that?? Sometimes I wonder if he is thinking like they are and just wants to settle for what he can get and forget about me. I will not settle till they are ready to provide medical for my injury. I do not think that I should have to go from a respected teacher to a door greeter position. If I cannot be a teacher then I have lost a piece of who I was and what I can do,,, is that not worth anything to anyone but me??

Edited to add: While at my dr office he re read the FCE testing and stated that all my drs and the FCE therapist and results, all agree on restricted duties and what those should be. He also said that I am listed at 82% impairment or something....What if anything does that mean??
I am not sure and didnt think to ask till I spoke with my husband at which point it was too late to call dr. Can you get an impairment rating from an FCE?
31 year old mother of 3. Working as Pre-K Teacher. Tripped over leg of therapy swing, twisted and jammed lower back.
Diagnosed w/ SI Joint Dysfunction. Moderate to severe pain daily. Limiting most functions.
 
Reply
#4
I dont know about the rating but 1171 will be around soon and he will.....82% imparement sounds like alot to me...but to tell you the truth....my brain doesnt work so well anymore....
........I love cats, I just cant eat a whole one by myself......







 
Reply
#5
I think I'd be looking for another attorney. My first attorney was caving on my case, said that it wouldn't go any further. So I was going to be left with no care and no job whatsoever. I didn't want to settle my case, so I got a new attorney, we've gone back to court 3 times and I've won each and every time.

You're in between a rock and a hard place. But a judge looks at the full case, all the medical evidence and I believe that's what you need, a new IME on your side, a pain specialist.

They can flash around all the pictures they want. They can talk about your facebook postings all they want. But as long as they don't go against your restrictions so what. You are entitled to enjoy life. Respondent once showed a picture of who was suppose to be me to my former attorney. It was my neighbor doing lawn work, she out weighs me by atleast 50lbs and is about 5" taller than I am. Yeah, it was me all right. So what, big deal. Last year we went to camping in Missouri, Colorado, Oklahoma and KS, we did alot, but all within my restrictions.

Keep fighting the fight,
Bodybuilder1958
 
Reply
#6
There is a big difference between doing cyber school for your child and working in a classroom with 15 3-5 yr old students!

Just look at the job description for an Early Childhood teacher with the physical requirements of the job!

Document what is physically required of you to cyber school your child, now document the physical requirement of an Early Childhood Teacher, now compare the two.

This comes from the HR Department of the school where I worked and part of the required task list for a ECH teacher. Frequent kneeling, bending, stooping, pushing & pulling up to 30 lbs. Lifting & carrying up to 100 lbs.
Requirement of sitting on low chairs and on the floor. Must be physically able to go on long walks around school and on the play ground. Must be able to stand for long periods of time.

 
Reply
#7
we homeschool our 5 and I can assure you I stay well within my limits....thats one of the beauties of homeschooling if its an off day and you are hurting worse than normal you just wait or watch videos...Nat geo on TV is awesome along with animal planet and how is that made...along with 1000s of web sites if its a good day you do more....my kids are old enough they can do alot of theirs on their own...you couldnt pay my kids to go back to a public school....
........I love cats, I just cant eat a whole one by myself......







 
Reply
  


Possibly Related Threads...
Thread Author Replies Views Last Post
  After settlement letter from WC recovery service badbehavior 4 6,681 09-08-2010, 11:14 AM
Last Post: 1171
  workers comp settlement demand letter hurt_pa_picker 7 28,773 09-02-2010, 01:58 AM
Last Post: AQA

Forum Jump:


Browsing: 1 Guest(s)