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How long do I have to wait for settlement after Therapy, QME's Eval and Deposition?
07-27-2011, 04:35 AM
Post: #1
How long do I have to wait for settlement after Therapy, QME's Eval and Deposition?
I live in California. I was injured at work on June 2010. I went through Therapy, X-Rays, MRI's, I had 2 QME's Reports - last QME Evaluation was on May 17, 2011. I received the Report on Jun 23, 2011 where it says that I'm permanent and stationary with a rating of 42 % permanent impairment. I went to a Deposition on May 26, 2011. And now I have an appt with a Psychologist because of my depression. Is it normal that I haven't heard from my Attorney since the Deposition?. How long do I have to wait for trial?(If I'm going to trail) Is there a time limit after deposition to go to Trail? what Can I expect? How long do I have to wait for settlement?.
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07-27-2011, 11:42 AM (This post was last modified: 07-27-2011 12:07 PM by 1171.)
Post: #2
RE: How long do I have to wait for settlement after Therapy, QME's Eval and Deposition?
yes it's normal for any atty with a full time practice.
there may not be a trial. many cases with disputes are negotiated into a settlement buyout -Compromise & Release.
no time limit
depends on whether your depression is related to your injury/job and how long treatment may be required before you have reached MMI for that condition as well.
finalizing permanent impairment benefits or negotiating a C&R cannot take place until you have reached maximum recovery from all work related conditions.
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07-27-2011, 01:16 PM
Post: #3
RE: How long do I have to wait for settlement after Therapy, QME's Eval and Deposition?
Can I ask why you had 2 QME's? Usually a represented IW is sent to an AME (Agreed Medical Examiner).

Are you working?

WC is not like the legal system as most of us know. A trial is the last thing you want. Most settlements are negotiated between the attorneys and a Workers Comp Judge at a MSC (Mandatory Settlement Conference). If an agreement can't be made, then the case goes to trial. There is no jury at a WC trial. Just you, attorneys, judge, witnesses. It all depends on what is being disputed. Rather complex and everyone's situation is different.

I suggest you familiarize yourself with WC law in California. Here's a link to all the DWC fact sheets, http://www.dir.ca.gov/dwc/iwguides.html

Let Go, and Let God......
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07-27-2011, 02:11 PM (This post was last modified: 07-27-2011 02:18 PM by chicky.)
Post: #4
RE: How long do I have to wait for settlement after Therapy, QME's Eval and Deposition?
(07-27-2011 01:16 PM)chrischris Wrote:  Can I ask why you had 2 QME's? Usually a represented IW is sent to an AME (Agreed Medical Examiner).

Are you working?

WC is not like the legal system as most of us know. A trial is the last thing you want. Most settlements are negotiated between the attorneys and a Workers Comp Judge at a MSC (Mandatory Settlement Conference). If an agreement can't be made, then the case goes to trial. There is no jury at a WC trial. Just you, attorneys, judge, witnesses. It all depends on what is being disputed. Rather complex and everyone's situation is different.

I suggest you familiarize yourself with WC law in California. Here's a link to all the DWC fact sheets, http://www.dir.ca.gov/dwc/iwguides.html

I suppose My attorney and IC agreed to send me to a QME
No, I haven't worked since the injury.
Thank you to all of you who took the time to read my posting!
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07-27-2011, 06:51 PM (This post was last modified: 07-27-2011 06:52 PM by 1171.)
Post: #5
RE: How long do I have to wait for settlement after Therapy, QME's Eval and Deposition?
when the atty and carrier agree to single doctor to give the medical evidence that is called an Agreed Medical Examination not the same as a QME from the state.
looks like a misuse of terms.
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07-28-2011, 12:07 AM (This post was last modified: 07-28-2011 04:56 AM by chicky.)
Post: #6
RE: How long do I have to wait for settlement after Therapy, QME's Eval and Deposition?
(07-27-2011 01:16 PM)chrischris Wrote:  Can I ask why you had 2 QME's? Usually a represented IW is sent to an AME (Agreed Medical Examiner).

Are you working?

WC is not like the legal system as most of us know. A trial is the last thing you want. Most settlements are negotiated between the attorneys and a Workers Comp Judge at a MSC (Mandatory Settlement Conference). If an agreement can't be made, then the case goes to trial. There is no jury at a WC trial. Just you, attorneys, judge, witnesses. It all depends on what is being disputed. Rather complex and everyone's situation is different.

I suggest you familiarize yourself with WC law in California. Here's a link to all the DWC fact sheets, http://www.dir.ca.gov/dwc/iwguides.html

1 QME 2 Evaluations.
(07-27-2011 06:51 PM)1171 Wrote:  when the atty and carrier agree to single doctor to give the medical evidence that is called an Agreed Medical Examination not the same as a QME from the state.
looks like a misuse of terms.


No, It was actually a QME - I guess I'm not sure who picked the QME because I received Letters from my attorney, from the defense attorney and the QME to let me know about the appt.
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07-28-2011, 12:30 AM
Post: #7
RE: How long do I have to wait for settlement after Therapy, QME's Eval and Deposition?
generally the state of california Department of workers compensation sends you a panel of doctors from which to choose.
more on the QME process here
http://www.dir.ca.gov/dwc/medicalUnit/faqIW.html
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07-28-2011, 12:37 AM
Post: #8
RE: How long do I have to wait for settlement after Therapy, QME's Eval and Deposition?
I went to a qme before I had an attorney. After I was repped I was sent back to same qme for rating. Ive so been sent to ame for different body parts that qme wasn't skilled to rate. It depends on your situation at the time.

I hope you get the medical care you need, and make a full recovery.

It takes time to maze thru the system. No one but the injured worker is in any hurry to fix you or settle your case.

Let Go, and Let God......
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07-28-2011, 01:27 AM (This post was last modified: 07-28-2011 01:28 AM by Sr.CE.)
Post: #9
RE: How long do I have to wait for settlement after Therapy, QME's Eval and Deposition?
Ok your attorney trying to get you some disability for psyche which is very common. The idea to increase overall level of your PD in either attempt to recover additional money from SIF ( secondary injury fund) or simply get your more money. Your depo, most likely, was a result of your attorney filing additional App and subsequent denial of psyche injury by carrier. There is no statutory limit on settlement as long as parties are engaged in discovery ( AME , depo etc. is part of it). The only pitfall to this strategy is separate DOI ( unless psyche is compensable consequence to original injury) which will trigger Benson decision and ultimately will reduce your overall level of PD. As long as you receiving PD and med. Treatment is provided and additional discovery in process, parties are not obligated to settle

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07-28-2011, 04:22 AM (This post was last modified: 07-28-2011 04:50 AM by chicky.)
Post: #10
RE: How long do I have to wait for settlement after Therapy, QME's Eval and Deposition?
(07-28-2011 12:37 AM)chrischris Wrote:  I went to a qme before I had an attorney. After I was repped I was sent back to same qme for rating. Ive so been sent to ame for different body parts that qme wasn't skilled to rate. It depends on your situation at the time.

I hope you get the medical care you need, and make a full recovery.

It takes time to maze thru the system. No one but the injured worker is in any hurry to fix you or settle your case.



-I agree with you " No one but the injured worker is in any hurry to fix and settle your case".

-Thank you for your concerns and wishes. I very much appreciate you taking the time to read my postings
(07-28-2011 01:27 AM)Sr.CE Wrote:  Ok your attorney trying to get you some disability for psyche which is very common. The idea to increase overall level of your PD in either attempt to recover additional money from SIF ( secondary injury fund) or simply get your more money. Your depo, most likely, was a result of your attorney filing additional App and subsequent denial of psyche injury by carrier. There is no statutory limit on settlement as long as parties are engaged in discovery ( AME , depo etc. is part of it). The only pitfall to this strategy is separate DOI ( unless psyche is compensable consequence to original injury) which will trigger Benson decision and ultimately will reduce your overall level of PD. As long as you receiving PD and med. Treatment is provided and additional discovery in process, parties are not obligated to settle


Actually, my PTP was the one who requested the apps and then when I had the QME Evaluation, at the request of my PTP, QME was the one who made the Psych app. I'm very scared -I only see pain in my future.
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