Hello There, Guest! Login Register
Index    |     Search    |     Members    |     Help

Thread Rating:
  • 0 Vote(s) - 0 Average
  • 1
  • 2
  • 3
  • 4
  • 5
Third QME Visit next month(California)
#31
Oh, so there is a report that supports a $20K settlement but there is a risk that this QME report might be less? (if there is no P&S report you can't settle for $20 or any amount.)

you first post:"The attorney is hoping for a Permanent and Stationary report. Every single last one of the doctor's I have seen have kept me on "light duty" aka don't lift over 10lbs. I just don't know what to do anymore."


so why would the carrier not settle earlier and wanted to wait for a QME and then as soon as they get the exam switch to "Ok lets settle for the $20K." what changed?
either you are P&S or your not. you can't settle until you are P&S--- that was the whole reason for the exam. now he wants to settle without it?
bizzARE.

it's difficult to make sense out of what going on here.
Signature/Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information.........
 
Reply
#32
Yeah, I honestly have no idea what is going on. Finally contacted an attorney who is interested in meeting with me this upcoming week. It puts me in California for another extra couple days so I'm out money but it needs to be done because this attorney is completely incompetent.

On another note, he is pushing me to settle because he said the IC is going belly up and the state is taking over in March. He said we don't need this recent AME report to settle which seems extremely weird. That's why I am meeting with another attorney. I am refusing to take 20k for something where I am going to have to have surgery. The AME even asked me why I haven't seen a lumbar and spine doctor because he was requesting it in his previous reports and I told him that was the first I ever heard of seeing someone of that nature.
 
Reply
#33
An atty that withholds critical information doesn't want you to make the best decisions.
You are being manipulated. What's best for this atty. ( little work, big fee) will overwhelm what's best for you (good treatment and return to decent job).
Signature/Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information.........
 
Reply
#34
I would check and ask other applicant attorney's if it is true that insurance company is filing bankruptcy. You mentioned you have returned to work how is your condition? If you live out of state it can be very difficult to get treatment in the CA work comp system as California work comp doctors have difficulties navigating it and they have to submit certain forms with treatment guidelines to get ANYTHING approved. Your attorney sounds like a douch bag but I wonder if he may be looking out for your best interests here. Dealing with the organization that takes over claims CIGA is very difficult.

Make sure you google attorney's before meeting with them and read their reviews. The larger firms are usually the worst.

Placing you on light duty may mean the insurance company owes you TTD payments if you have not returned to work (unknown). Have you? Also, was the AME a spine specialist ortho surgeon? If you have returned to work full time the 20 grand may be a good settlement. Talk to other attorney's about it and ask how difficult getting treatment in your state would be (JMO).

You can also try going down to local WCAB sit in the waiting room with other injured workers and scope out the applicant attorney's if you see one that you like, and the behavior towards their client is key ask if they can speak with you for a few minutes and tell them you are looking for another attorney. You can also ask an I&A officer to sit down with you and ask them for help. it is my understanding they are supposed to help ALl injured workers. Tell them your situation and maybe they can offer you some guidance and/or recommend an attorney who is there. I can tell you this many I&A officers do help injured workers, I know this because I am one. Try calling different boards if yours does dot help. Try Long Beach via phone call. Half the time I&A does not ask if the person is represented and some don't care...but if you say AME they will know you have an attorney, unrepresented IW's have QME's.

Try calling and ask for supervisor of I&A officers.

Please answer my question if you are currently working. This can make a big difference on how much money you are owed. Also, I want to know if you are not working how long you have been taken off of work from a doctor? You may be owed more in TTD payments than your proposed settlement offer. Also, if your claim was ever denied. I ask questions for a reason, to help you, ok. I don't want you to get screwed over.
I am not an attorney.Anything I write should not be considered legal advice.I am writing from my own personal experiences,which is not from any sort of legal background. You should consult with an attorney over legal issues. In California, if you cannot get an attorney you can consult with an I&A officer.
 
Reply
#35
(01-18-2017, 01:54 PM)California_Help Wrote: I would check and ask other applicant attorney's if it is true that insurance company is filing bankruptcy. You mentioned you have returned to work how is your condition? If you live out of state it can be very difficult to get treatment in the CA work comp system as California work comp doctors have difficulties navigating it and they have to submit certain forms with treatment guidelines to get ANYTHING approved. Your attorney sounds like a douch bag but I wonder if he may be looking out for your best interests here. Dealing with the organization that takes over claims CIGA is very difficult.

Make sure you google attorney's before meeting with them and read their reviews. The larger firms are usually the worst.

Placing you on light duty may mean the insurance company owes you TTD payments if you have not returned to work (unknown). Have you? Also, was the AME a spine specialist ortho surgeon? If you have returned to work full time the 20 grand may be a good settlement. Talk to other attorney's about it and ask how difficult getting treatment in your state would be (JMO).

You can also try going down to local WCAB sit in the waiting room with other injured workers and scope out the applicant attorney's if you see one that you like, and the behavior towards their client is key ask if they can speak with you for a few minutes and tell them you are looking for another attorney. You can also ask an I&A officer to sit down with you and ask them for help. it is my understanding they are supposed to help ALl injured workers. Tell them your situation and maybe they can offer you some guidance and/or recommend an attorney who is there.  I can tell you this many I&A officers do help injured workers, I know this because I am one. Try calling different boards if yours does dot help. Try Long Beach via phone call. Half the time I&A does not ask if the person is represented and some don't care...but if you say AME they will know you have an attorney, unrepresented IW's have QME's.

Try calling and ask for supervisor of I&A officers.

Please answer my question if you are currently working. This can make a big difference on how much money you are owed. Also, I want to know if you are not working how long you have been taken off of work from a doctor? You may be owed more in TTD payments than your proposed settlement offer. Also, if your claim was ever denied. I ask questions for a reason, to help you, ok. I don't want you to get screwed over.
I returned to work for a couple years but now I am unable to work. The job I got hired at in the state I moved to required me to do stuff that would be really bad for my back, so I had to quit. I can't lift more than 10lbs. I moved to a different state and moved in with my mother since I was unable to work. Not sure if the AME is a spine specialist surgeon but he asked me why I haven't seen one for a consultation yet as he asked for it when I last saw him because the next step is surgery and when I brought it up to my attorney he denied I needed surgery, even to go so far as saying it doesn't say that in the report. I finally got copies of the report, and low and behold, consultation for surgery was supposed to be the next step but I never knew about it because I didn't have the report and my attorney never told me. He has been up my ass calling me trying to get me to settle, saying that I am going to get money from the PI case(which I probably won't because my under insured motorist coverage will probably deny me because it was a personal policy on company time) and when I told him that they would probably not cover me and I don't want to settle for 20k he got upset and said "You don't understand, think of it as the assumption that you are getting money from your under insured" and I told him No way am I going to settle for 20k if I don't know for sure the PI case will even be taken because of the circumstances. 
TTD payments, not sure if I am supposed to get them since I did go back to work, however, I have been out of work for almost a year now. 
I will try calling LBC I&W. I always told them I had a QME as I didn't know the difference up until recently because every time I would visit the guy my letter said "QME" on it even though I had an attorney for the duration of this whole case.  
Let me know if you need anymore info  and thanks for the help!
 
Reply
#36
since your attys seems to be a bit lax in keeping you informed:
did they tell you that work comp has the right to recoup it's costs out any recovery from a third party law suit?
if not, ask them how subrogation will affect your PI settlement.
Signature/Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information.........
 
Reply
#37
I think since you started working for another employer and then quit you would not be owed any TTD payments, but discuss with your attorney.
I am not an attorney.Anything I write should not be considered legal advice.I am writing from my own personal experiences,which is not from any sort of legal background. You should consult with an attorney over legal issues. In California, if you cannot get an attorney you can consult with an I&A officer.
 
Reply
#38
(01-23-2017, 02:34 PM)1171 Wrote: since your attys seems to be a bit lax in keeping you informed:
did they tell you that work comp has the right to recoup it's costs out any recovery from a third party law suit?
if not, ask them how subrogation will affect your PI settlement.

Yep, the guy that hit me had minimum coverage so after PI attorney fees, and WC fees I have 4k sitting in a "trust" and I'm pretty sure I have to pay for the QME visit, so that's 2k out the door. The next step is for the PI attorney to get GEICO(my car insurance company at the time) to pay out some money for my underinsured motorist. IF not, all I get is 20k. I've tried to get another attorney but he told me he didn't want to touch it. Not sure how I'm going to get surgery with 20k minus attorney fees and what I already owe for WC not covering my aqua therapy. I've been paying that monthly for the past 2 years.  I guess I'll keep trying to call attorneys, most of them don't get back to me. Low level case I guess, meh.
 
Reply
#39
(01-24-2017, 06:05 PM)California_Help Wrote: I think since you started working for another employer and then quit you would not be owed any TTD payments, but discuss with your attorney.

Attorney is useless, but I appreciate the info!
 
Reply
#40
Read the link that was provided in the beginning of this string and educate yourself if attorney is not helping. It may answer a lot of your questions.

You can also buy Christopher Ball California workers compensation book, but make sure it is the most current edition as laws constantly change. That book has very helpful info and you can look up all your questions.

I would recommend to buy private insurance and then have surgery if you decide to have it. I would never pay cash for a surgery when you can buy insurance and pay copay.
I am not an attorney.Anything I write should not be considered legal advice.I am writing from my own personal experiences,which is not from any sort of legal background. You should consult with an attorney over legal issues. In California, if you cannot get an attorney you can consult with an I&A officer.
 
Reply
  


Possibly Related Threads...
Thread Author Replies Views Last Post
  IME 1 month after surgery Chuckles242 13 581 05-30-2018, 11:46 PM
Last Post: California_Help
  One month since injury....waiting Nellie 6 1,691 10-17-2016, 08:14 PM
Last Post: California_Help
  injured on job a month ago (NJ) ree62 3 2,658 09-07-2010, 06:54 PM
Last Post: 1171
  Just found out today they closed my case last month & I was not notified by anyone! Sunshine7 26 18,992 06-16-2010, 04:39 PM
Last Post: angels72
  WC stopped my benefits.. surgery is next month firebird2286 4 4,127 05-14-2009, 10:36 PM
Last Post: firebird2286
  6 month recheck Babebahn 4 2,603 09-09-2007, 06:42 PM
Last Post: Babebahn

Forum Jump:


Browsing: 1 Guest(s)