Claim Resolution - Months or Years?

[Thain]

Let me give you some background first. I was injured in May 2010 with a lower back herniation. Didn't know it initially, thought it was just a muscle strain, so I worked 90 days light duty then was sent home since I could not go back on full duty.

Went through conservative treatment with 6 weeks of physical therapy (took that long for my PCP to ok an MRI, even though I kept telling him something wasn't quite right) then 3 weeks of work conditioning (5 days per week, as prescribed by my referred ortho specialist) in November 2010. Limitations were discovered and my specialist released me MMI with restrictions that would drastically change what I could do, considering my job duties and the industry. IME thought otherwise, felt I was ready to return to work full duty since that's what work conditioning is geared to prepare you for (see my previous post for more details on the IME battle), but after a second visit finally sided with my ortho.

The company has no interest in accommodating my restrictions (they actually could if they wanted to, but being union with little seniority, I understand why I wouldn't be selected.)

With the exception of a couple system errors getting my checks to me at the approriate time, the EIC has been doing its job with WC benefit payments.

The EIC eventually sent an Occupational Rehab Counselor, but his conclusion was that he would not be a benefit to me as I was college educated and had some direction as to where I wanted to go professionally and was already in pursuit of those goals. So now last I heard (more than 30 days ago) from my attorney was that the company attorney and the EIC are "talking claim resolution".

So I guess my question is: does anybody know what "talking claim resolution" actually means in the resolution process, and how much longer should I expect to wait for my first settlement offer, considering the case itself seems fairly cut and dry? I know everything is slow in the legal system but come on already!

[1171]

without knowing your state and what rules applies your question can't be answered.
http://www.workerscompensation.com/forum...?tid=10146
review and search on other posts as there are a number of settlement questions already answered on this board.

[Thain]

(01-04-2012 03:37 PM)1171 Wrote:  without knowing your state and what rules applies your question can't be answered.
http://www.workerscompensation.com/forum...?tid=10146
review and search on other posts as there are a number of settlement questions already answered on this board.

Illinois. And while I know there are a lot of settlement questions answered on this board (that's what it's for afterall, and I have read many of them over the past couple years) I'm interested in having my question answered directly. My question points to a specific part of the process that I feel has typically not been discussed (the beginning of a claim resolution, not just the claim or the settlement themselves). Thanks for the response tho, and for reminding me to post my state!

[1171]

a resolution involves comp court approval that all benefits due have been paid or agreed to.
once you are MMI your TTD ends and your entitlement to PPD -if any- and the extent of those needs to be determined.
Medical and vocational evidence is used to support those determinations.
if there is a dispute among the evidence, each side is required to negotiate a resolution and if unable to do so, can bring the matter before the comp court to decide.

if there are no issues as to the extend of your ppd then you can make a demand and file for a court hearing.
if there is an unacceptable response you can get one in a matter of months
there is no set time limit for the court to hold a hearing.