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finally settlement with open medical
08-23-2011, 08:26 PM
Post: #1
finally settlement with open medical
went to court yesterday, we were supposed to go to trial.
however my atty explained to me that my rate was too low,25%
and I was only entitled to 17,000, with my medical open.
they also gave a voucher for job re training,I have disc herniation.
L3-L4-L5, hAD A LAMINECTOMY wich helped some, but not 100%
I honestly feel that my atty didnt work that hard on my case.
but I was tired of 3 years of this nightmare, I wasnt really looking to get
a lot of money I just wanted my medical open, I did.
Iam in california, also someone told me that since my medical is still open.
I should be careful because private investigators would still follow me around, is this true? I thought once you settled that was the end of it.
do you guys feel I didnt get a good deal? please feel free to say it.
Iam now hoping that I can do some kind of work, Iam still in state disability..thanks to all for you patience and help on this forum.
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08-23-2011, 10:09 PM
Post: #2
RE: finally settlement with open medical
doesn't sound too good! was your att board certified in wc?
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08-23-2011, 10:26 PM (This post was last modified: 08-23-2011 10:28 PM by 1171.)
Post: #3
RE: finally settlement with open medical
I didn't think there would be a trial--there were no issues.
i posted before that your 25% is too low if you are not able to work at many jobs.
consider getting a re-rating before your 5yrs are up; especially if things get worse.

there is no time limit on fraud or it's investigation.
I would not worry about it in your case as you are likely more disabled then the rating allows. any video will only prove your case not theirs

i suspect that your med costs will eat them alive and after awhile they'll want a buyout.
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08-23-2011, 10:51 PM (This post was last modified: 08-23-2011 10:53 PM by highdesertguy.)
Post: #4
RE: finally settlement with open medical
(08-23-2011 10:26 PM)1171 Wrote:  I didn't think there would be a trial--there were no issues.
i posted before that your 25% is too low if you are not able to work at many jobs.
consider getting a re-rating before your 5yrs are up; especially if things get worse.

there is no time limit on fraud or it's investigation.
I would not worry about it in your case as you are likely more disabled then the rating allows. any video will only prove your case not theirs

i suspect that your med costs will eat them alive and after awhile they'll want a buyout.


thank you 1171 for all your wise input,I have one question
can I get a re-rate with any doctor?or would it have to be
their doctor? thank you,and as you may all know
my biggest concern was my medical, my medications are very expensive.
and Iam on meds for pain around the clock.
honestly I dont think I would want to compromise and release,
or buy out ...thanks again
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08-24-2011, 03:21 PM (This post was last modified: 08-24-2011 03:21 PM by 1171.)
Post: #5
RE: finally settlement with open medical
same process as before.
if there is disagreement with the treating doc then an AME or a QME would be used.
on a re-rate you can't re-litigate the same issue; there has to be evidence of a change in condition from the original rating.
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