trial next week

[highdesertguy]

hello everyone, Iam in CALIFORNIA.
had a settlement offer last may, carrier offered 70,000
my atty said no, we want medical for life.\
so we are going to go to trial next week.
last time we went the judge told the carriers atty.
to bring a letter saying they would pay for settlement
medical bills etc, etc, because the company went bankrupt in 2010.
so we are going back this coming week for a trial.
what can I expect at a trial,? doctor rated me at 25% disabled.
Iam still in treatment for pain ,pain is actually worst then after surgery.
Iam taking pain medication around the clock.
any one hAS AN IDEA ON WHAT TO EXPECT at a trial?
failed laminctomy syndrome, L3-L4-L5.
I was hurt in june 2008... thanks

[1171]

you'll get periodic payments and open medical.
25% seems low.
you have 5 yrs from the date of your injury to file again if your rating needs to be changed.
there should be a fund to pay claims in a bankruptcy.
your medical needs are extreme so you need to hang on to that open medical

[Triksey]

Same freakin thing is happening to me. Good for you a trial has been scheduled in 1 weeks time, that is quick.My Employer balked at medical for life. From what I'm being told about a trial and open award, you must still be disabled (not worked since injury / surgery etc), you must show something about permanent disability (SSD, SSI, Disability Retirement, Long Term Disability), also take your documents pertaining to any authorization for bills, surgeries that WC paid on your behalf. Just take all your paperwork, this is a trial and you never know what you will need. Play it safe. Good Luck.

Also, if you are successful in winning your case besides open medical you may receive back pay / wage loss, interest, and reinstatement of wage loss.

Triksey

[1171]

triksey:
the carrier has no choice on lifetime medical unless they do a lumpsum buy out; otherwise it's almost mandatory.
although MPN and UR controls still apply.
even if your PD rating is 0% you can still get open medical with your stipulation & award.