Notice of voluntary mediations.

[weezle735]

What does this mean when I receive a botice that states its a hearing/notice of voluntary mediations. Normally when I get a notice its for court hearing. The notice states the same as usual - petition to suspend & petition to terminate based on physician afidavid. But the top where it normally says notice of hearing it now states the voluntary mediation.
I have not agreed to go into mediation nor have I agreed on a settlement. Not sure if it has anything to do with this or just another way to say hearing.

[1171]

you are not required to agree.
it's mandatory when either party files a request.
http://www.portal.state.pa.us/portal/ser...tion/10414

[weezle735]

Ok so whats the difference between this and a regular court hearing ? Are they trying to settle thru mediation in frnt of judge or are they still trying to suspend or terminate my case?

[Timothy Belt]

This would be an attempt to either settle or limit the issues before the judge through agreement.

[Timothy Belt]

This would be an attempt to either settle or limit the issues before the judge through agreement.

[weezle735]

Pardon my lack of intelligence for this issue but I have a few more questions.
Does this mean that if they are looking to settle and we have not been able to come up with an agreement outside of court that they are leaving it up to the judge to decide what I would essentially receive as far as medical and wage loss goes?
What does it mean when you say "limit the issues" ??

[Timothy Belt]

(06-06-2011 09:34 AM)weezle735 Wrote:  Pardon my lack of intelligence for this issue but I have a few more questions.
Does this mean that if they are looking to settle and we have not been able to come up with an agreement outside of court that they are leaving it up to the judge to decide what I would essentially receive as far as medical and wage loss goes?
What does it mean when you say "limit the issues" ??

The judge cannot force settlement. All he is able to do is to work with the parties to come to a number that everyone will agree to.
As to limiting issues, if the parties are able to agree to certain facts that can limit what the judge needs to decide. Examples could include date of injury, notice of injury, notice of a job offer, receipt of a notice of ability to return to work or any number possibilities. This does not settle your case, but it does restrict the areas of disagreement making everyone’s job easier.

[weezle735]

Well......we have not been able to agree on much this far. Don't really see us agreeing to much in the future too, since I am requesting the addition of change in diagnosis to be added and accepted to the case as well as the diagnosis of depression and anxiety. (if possible)
Guess we shall wait and see like always. They want to offer me a lil over a years worth of salary and no medical coverage. I asked for 4 years and open medical to which they denied. And then came down to 2 years and open medical and they still denied. I cannot go any lower then that....just cant.
Lawyer doesn't want to add new diagnosis to claim or depression as he says that I will be able to use private insurance for it after settlement because since they are not accepted yet they wont be considered pre existing conditions....WRONG.....they are still written in my medical charts for several doctors and therapists so they are technically pre-existing because they are already charted. I can see if they weren't charted. So I must make sure that I am covered for these conditions down the road.