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Sitting here in crying pain, second thoughts on settlement.
06-26-2011, 10:02 PM
Post: #1
Sad Sitting here in crying pain, second thoughts on settlement.
So on wednesday last week I verbally agreed to a settlement offer based off of the opinion of what the judge's and my lawyers opinion of what case was worth. The settlement amount was under $30k for medical and no wage loss, for a lower lumbar sprain definition of injury. But in fact I have been receiving treatment for SI Joint Dysfunction and started treatment for depression. I have posted before all the meds and my restrictions which now, along with injury, leave me unable to work as of yet. Even tho my pcp released me to light duty. The settlement $$ is to be used to purchase my employers insurance under cobra for the next 18 months. And there will be $$ left to cover me till I can find a light duty job. Think I may be able to file UC but not sure how that works with settlement.

Few questions. Since now I am having second thoughts as to where this leaves me after 18months and I still am unable to return to work? I wont be able to go back on. Nor will i have medical coverage after 18mo for this injury unless I find a job. This scares me since right now its been 12 months and I am still in crying pain.

I have really never denied I was unable to return light duty, they never gave me a chance. So what happens if I settle and find a light duty job but continue to have aggrivation to my injury? Do I try to open another WC case and file under the SI Injury? Since it was never accepted as injury?

I just do not want to be stuck hurting and no medical to pay for it. Also, why shld I let my cobra insurance pay for this injury. Is that not the resposibility of the wc 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.
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06-26-2011, 11:41 PM
Post: #2
RE: Sitting here in crying pain, second thoughts on settlement.
weezle it is difficult to get health insurance to pay for a work injury after settlement.

I have been in contact with my health insurance and they told me anytime an injured worker receives a settlement that exempts them from having to pay for the work injury after settlement.

Now I have read different on this forum but I am just saying what BCBS of Kansas has told me.
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06-27-2011, 01:59 AM
Post: #3
RE: Sitting here in crying pain, second thoughts on settlement.
aggravations are considered new injuries. but you have to have medical evidence to support such a finding and it can be disputed by other medical evidence.
but yes you can file a new claim with a new employer.
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06-27-2011, 10:30 AM
Post: #4
RE: Sitting here in crying pain, second thoughts on settlement.
But any claim against the current employer for additional injuries arising out of this incident would be resolved through the settlement.
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06-27-2011, 10:30 AM
Post: #5
RE: Sitting here in crying pain, second thoughts on settlement.
But any claim against the current employer for additional injuries arising out of this incident would be resolved through the settlement.
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06-27-2011, 11:30 AM
Post: #6
RE: Sitting here in crying pain, second thoughts on settlement.
Bummer. My settlement injury is lower back sprain. My SI Joint issues are not the injury being settled on therefor my BCBS will still pay for it.

I sat down and went over everything again last night and have 8am mtg with my lawyer. After talking w my husband and goin over everything I am ok. Being on these meds I had forgotten some answers to my concerns and my husband was saying "remember, your lawyer said...." when I wld ask him about things.
So I have a clearer mind now. And I am ok with things.
My only remaining concern is with OVR and settlement. If they are goin to be looking for reimbursement for services and if they will continue to pay for retraining or if they would expect me to pay for retraining out of my settlement, if so then I wld need to ask the IC for the $$ that OVR wld have been hiving me for retraining. Cause i am already into it and wont have much $$ to fork over for OVR services.
Sooooo
After a long remenicing night. I am ok. Still in pain (but my friend thot it wld be funny last night at her childs bday party to haul off and smack my right butt cheek. As hard as if she was swingin a bowling ball, she had forgotten about my injury....... Hate hidden pain, she was joking around but now I am paying for it)
Sad but I am ok.

Signing on the dotted line tomorrow. Any last words of wisdom I shld be looking for as far as how things are worded in paperwork?

Not planin on filing for SSDI just yet since I am trying to return to some work, but may at a later day and want it worded right for them. I may after 18 month of my health insurance, and if I cannot find a job due to my injury, end up filing.

Also i pay child support for my oldest who chose to live w his father. How will it need to be worded for this? I am up to date w payments and owe nothing outstanding.

And OVR, if they look at monthly income as ability to pay for services?

Thanks for everyones advice and this forum made it soo much easier to deal with issues I have faced with my case. Much appriciated.

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.
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06-27-2011, 11:54 AM
Post: #7
RE: Sitting here in crying pain, second thoughts on settlement.
i would think that once settlement is approved all benefits end.
i would not think they would continue to keep their file open.
you'll have to ask for rehab $$ if you are going to pursue it on your own.
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06-27-2011, 02:59 PM
Post: #8
RE: Sitting here in crying pain, second thoughts on settlement.
I have already started OVR on my own. And OVR approved me for services. I have started the process of enrolling into a college degree program. I am concerned not with whether or not I will be able to do OVR but whethe OVR will no longer accept me due to settlement and then i will either have to reimburse them or pay out of my settlement for retraining. If OVR considers my settlement as income (even tho its medical) will theu deny me services. If so should I ask for retraining to be paid for by the IC before I sign the papers?

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.
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