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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.
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****hint: read a few posts/use SEARCH before making your first post; include your state or complete the location field in your profile; start a NEW THREAD-don't hijack an existing one. Smile[/list]
 
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#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.
 
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#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).
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****hint: read a few posts/use SEARCH before making your first post; include your state or complete the location field in your profile; start a NEW THREAD-don't hijack an existing one. Smile[/list]
 
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#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.
 
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