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Need 2nd settlement opinion on my CA. 73% MMI CRPS case
#1
Hello all, 

I do have an attorney that I'm not too fond of, however I'd like to avoid switching attorneys at this stage.

The long and short is I've got a crps(complex regional pain syndrome) and a repetitive trauma injury that add up to 73% Mmi.  

Of course the IC is going to depose the QME, whom my attorney said is known for holding his opinion no matter what.  I don't understand how the IC can accept the crps diagnosis and pay for a spinal cord simulator that doesn't work, and then ask the qme to strike the diagnosis from the record, leaving me with 18% repetitive only.  Right... I also have a SSDI case in which I'm waiting for the Judges decision (been 6 weeks)

My attorney demanded 600k, (I was a top-ed out wage earner) and I think it's low considering the costs to keep up my spinal cord stimulator etc etc.  And they countered with 175k.  I laughed, but my attorney seems to just want his cut with no strong opinion on what he thinks I should do.  I think it's worth far more.  I get that the injury portion of the claim is a set amount (about what the offer was) based on wages and mmi, and medical is debatable, and a roughly 100 dollar a week pension after injury is paid in about 10 years) but I'm curious if lost wages are compensable? I have so much pain it's hard to remember all the questions to ask my attorney. 

Any tips or ballpark figures I should not budge from? I'm stuck for the rest of my life with dual crutches or a wheelchair, and can't believe a loyal hardworking employee of 26 years was offered not even 2 years wages to walk away. I'm so ashamed of them.
 
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#2
I'm assuming California since you didn't post your state.
The TTD payments you received before becoming MMI are your lost wage benefit.
You can Settle with a stipulation as to your rating and leave the medical open -you don't need to guess or negotiate its cash out value.
They can only pay what the law allows; the laws need to change if settlements are to be based on other criteria.
Read the guide on PD
http://www.dir.ca.gov/dwc/iwguides.html
Reminder
........Each state has their own comp system. We need to know your state to provide accurate information.........
 
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#3
(11-05-2017, 01:50 AM)Steveowie Wrote: Hello all, 

I do have an attorney that I'm not too fond of, however I'd like to avoid switching attorneys at this stage.

The long and short is I've got a crps(complex regional pain syndrome) and a repetitive trauma injury that add up to 73% Mmi.  

Of course the IC is going to depose the QME, whom my attorney said is known for holding his opinion no matter what.  I don't understand how the IC can accept the crps diagnosis and pay for a spinal cord simulator that doesn't work, and then ask the qme to strike the diagnosis from the record, leaving me with 18% repetitive only.  Right... I also have a SSDI case in which I'm waiting for the Judges decision (been 6 weeks)

My attorney demanded 600k, (I was a top-ed out wage earner) and I think it's low considering the costs to keep up my spinal cord stimulator etc etc.  And they countered with 175k.  I laughed, but my attorney seems to just want his cut with no strong opinion on what he thinks I should do.  I think it's worth far more.  I get that the injury portion of the claim is a set amount (about what the offer was) based on wages and mmi, and medical is debatable, and a roughly 100 dollar a week pension after injury is paid in about 10 years) but I'm curious if lost wages are compensable? I have so much pain it's hard to remember all the questions to ask my attorney. 

Any tips or ballpark figures I should not budge from? I'm stuck for the rest of my life with dual crutches or a wheelchair, and can't believe a loyal hardworking employee of 26 years was offered not even 2 years wages to walk away. I'm so ashamed of them.

Is this settlement with keeping your medical open? If you get approved for SSDI then you should qualify for Medicare within a few months. You can ask your attorney what he thinks about closing your medical in a compromise and release (if you have alternative insurance like Medicare). You will need a Medicare set aside if this happens.

Can I ask if your spinal cord stim just does not help with the pain or did it actually stop?

Sorry about your pain issues. Hopefully you have a good pain management doctor who is well versed with CRPS.
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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#4
(11-06-2017, 06:27 PM)California_Help Wrote:
(11-05-2017, 01:50 AM)Steveowie Wrote: Hello all, 

I do have an attorney that I'm not too fond of, however I'd like to avoid switching attorneys at this stage.

The long and short is I've got a crps(complex regional pain syndrome) and a repetitive trauma injury that add up to 73% Mmi.  

Of course the IC is going to depose the QME, whom my attorney said is known for holding his opinion no matter what.  I don't understand how the IC can accept the crps diagnosis and pay for a spinal cord simulator that doesn't work, and then ask the qme to strike the diagnosis from the record, leaving me with 18% repetitive only.  Right... I also have a SSDI case in which I'm waiting for the Judges decision (been 6 weeks)

My attorney demanded 600k, (I was a top-ed out wage earner) and I think it's low considering the costs to keep up my spinal cord stimulator etc etc.  And they countered with 175k.  I laughed, but my attorney seems to just want his cut with no strong opinion on what he thinks I should do.  I think it's worth far more.  I get that the injury portion of the claim is a set amount (about what the offer was) based on wages and mmi, and medical is debatable, and a roughly 100 dollar a week pension after injury is paid in about 10 years) but I'm curious if lost wages are compensable? I have so much pain it's hard to remember all the questions to ask my attorney. 

Any tips or ballpark figures I should not budge from? I'm stuck for the rest of my life with dual crutches or a wheelchair, and can't believe a loyal hardworking employee of 26 years was offered not even 2 years wages to walk away. I'm so ashamed of them.

Is this settlement with keeping your medical open? If you get approved for SSDI then you should qualify for Medicare within a few months. You can ask your attorney what he thinks about closing your medical in a compromise and release (if you have alternative insurance like Medicare). You will need a Medicare set aside if this happens.

Can I ask if your spinal cord stim just does not help with the pain or did it actually stop?

Sorry about your pain issues. Hopefully you have a good pain management doctor who is well versed with CRPS.
 
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#5
i guess he got the information he needed.
thankx for posting.
Reminder
........Each state has their own comp system. We need to know your state to provide accurate information.........
 
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