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Settling out of court / in court
#1
This is what I don't understand.. They consider I can still do some work, we don't.. Where does your final rating come in at, do they give you a final rating..? Those of you that have settled before court how does this work....?
 
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#2
I settled before court, I think it helped give the insurance company/my attorney a figure in settling. There was a settlement hearing where the judge looked at the evaluation in which I was rated done by the court appointment doctor The judge sat beside me at a conference table and I watched him go over the evaluation, look at the ratings for each body part, then the total rating and the vocational rehab report. Once the judge did that he gave his say so and declared his approval on the settlement.
 
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#3
I settled before court, I think it helped give the insurance company/my attorney a figure in settling. There was a settlement hearing where the judge looked at the evaluation in which I was rated done by the court appointment doctor The judge sat beside me at a conference table and I watched him go over the evaluation, look at the ratings for each body part, then the total rating and the vocational rehab report. Once the judge did that he gave his say so and declared his approval on the settlement.
 
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#4
I settled out of court kinda they had several fines they had to pay and they agreed to pay to keep from going to court.Then the judge had to ok the settlement.
........I love cats, I just cant eat a whole one by myself......







 
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#5
I was told if we agree we wouldn't need to set down (in person) in front of a judge.. I was told though that it goes before a judge for approval for his signature. With our calculation with our voc and drs put me in the low 90's% There calculations is mid 70 %, just curious to know how this end of it works.. If a person is not deemed 100% and lets say for example they label me 80% can the ins change there minds after they have agreed and we signed...? Also, lets say 10 years down the road I feel good enough to work part time with in restrictions, is there anything they can pull on me if they don't label me 100%......

My mind is just wondering pre-maturely..
 
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#6
I think it depends on the type of settlement; is medical included?
will the papers agree on a fixed amount or on disability % with open medical.
most are fixed buyout of all benefits. if so it can't be changed except for fraud.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#7
Bill is able to work with his as long as he stays within his restrictions,most are weight restrictions,now with you men this is a hard one you dont like to admit you cant do something.This past Sat.Bill helped move a piano he was supposed to just move it the way it was supposed to go no lifting but he got fustrated with the young ones doing the lifting and he picked up the corner.....he has spent the last 4 days with icepacks and icyhot on his elbow.....and its been all most 10 years since his injury.However you learn to get around things.we have a tiller on the back of our lawn mower because he cant hold a tiller in his arms.You just learn how to get around the things you cant do anymore.
........I love cats, I just cant eat a whole one by myself......







 
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#8
(04-16-2013, 12:38 PM)1171 Wrote: I think it depends on the type of settlement; is medical included?
will the papers agree on a fixed amount or on disability % with open medical.
most are fixed buyout of all benefits. if so it can't be changed except for fraud.

Mine is a annuity and is a fixed rate per month for 20 years, with open medical. With the letters back and forth between attorneys, a % is never mentioned just the fixed amount.
(04-16-2013, 02:56 PM)jayne Wrote: Bill is able to work with his as long as he stays within his restrictions,most are weight restrictions,now with you men this is a hard one you dont like to admit you cant do something.This past Sat.Bill helped move a piano he was supposed to just move it the way it was supposed to go no lifting but he got fustrated with the young ones doing the lifting and he picked up the corner.....he has spent the last 4 days with icepacks and icyhot on his elbow.....and its been all most 10 years since his injury.However you learn to get around things.we have a tiller on the back of our lawn mower because he cant hold a tiller in his arms.You just learn how to get around the things you cant do anymore.

Agreed, why are us men built this way........lol.
I have learned many shortcuts when doing things that I would have never thought of pre injury.. It sucks knowing the new way will take longer but it's safer for my injury..
 
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#9
Bronco if you settle without going to court and not filing for permenant total disability through workmans comp. then they do not care what percentage some dr has given you. now that may have used a disability percentage as something to say yes we need to settle with him or may have come into play with determining what to offer you. but if you settle with filing for that permenant total disability though the state workmans comp division. then you would not need to go before a judge, papers would be filed and presented to him to aprove it or not aprove it. That is what my attorney has discusse with me.
Cervical Fusion 2003, c5-c6. Herniated and damaged Disc L1- L4-L5 S1. Lumbar Spinal Cord stimulator implant 09-2008. Cervical ACDF revision with hardware c4-c5-c6-c7 Sept 2009.
SSDI approved 3-2010. NOW OFFICIALY RETIRED
 
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#10
(04-17-2013, 05:10 AM)Cervical_Fusion Wrote: Bronco if you settle without going to court and not filing for permenant total disability through workmans comp. then they do not care what percentage some dr has given you. now that may have used a disability percentage as something to say yes we need to settle with him or may have come into play with determining what to offer you. but if you settle with filing for that permenant total disability though the state workmans comp division. then you would not need to go before a judge, papers would be filed and presented to him to aprove it or not aprove it. That is what my attorney has discusse with me.

We have already filed for ptd through the state and we have changed the court date 3 times during this settlement talks process. Then I would presume it will be PTD.. That clears that up...lol.
 
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