Settlement...questions

[timbowilly]

Hello and thanks to anyone who can offer opinions and or advice to me. I am in TN. I have had three surgeries, distal bicep rupture 11/06, carpal tunnel, and nerve entapment 8/07, all on the same arm. I have been released from the doctor and had a rating exam on 12/07. I have received a call from the IC on 2/08 saying that they had just received the rating from my md and that I was rated at 12% loss on the upper extremity. IC says that I would be entitled to 24 wks of the max 200 but that they would give me 1.25% of that if I would settle now. [30 wks] with open medical. He seemed eager to do this quickly so I told him to fax the offer to me on paper so that I could read through it. He agreed but has yet to do that. My questions are:
1: Is this a fair offer to settle or should I counter this offer and if so how much is appropriate?
2: Should I receive settlements for the hand or does the upper extremity include that?
3:Would a lawyer do any more for me as I am already going to get the 30 wks and if so would he want a % of the initial 30 wks or just a cut on any amount above the 30?
4:How much money is the open medical worth in that I am not the same as pre injury but do not forsee any more treatment on my arm or hand. I also have personal isurance through my wifes work.

Sorry for being long winded. I am impressed with the info being offered on these forums. I also realize that many of you have much more serious situations. Good luck to all and thanks again for any advice.

[Still in Limbo]

By the Questions You are asking, I Personally Think it might be Wise to Contact an Attorney Specialized in w/c for a Free Consultation. Your Answers will be Answered, and You May want to Obtain Said Attorney to Help with Your Case, it Sounds a Bit Complicated. I know this Probably wasn't Much Help, but it's what I would do. best of Luck, and Please Keep Us Informed!!

[Bummer Knees]

Sounds like the wc Ins Co wants a quick settment to save them dollars.

Still In Limbo is correct, you need to visit with a wc certified attorney.

[Bad Boy Bad Boy]

http://www.state.tn.us/labor-wfd/wcomp.html

[timbowilly]

Where can one search via the net to find settlements that are similar to ones case? Thanks

[sparkey]

Well i would say that i had my PIR rating around the same time as you for my carpal tunnel recurrance/neuropathy. I was given a 32% upper extremity , 19 % whole body. My ic is now fighting saying it was way to high and sending me to have a IME done through their lawyers doctor of choice. I am waiting on the appt. now.

I would think that if you were to go for much more percentage, they would end up fighting you like they did me, and if i were you, because you had surgery and i did not, you should be rated higher. It definitly sounds fishy that they would want a quick settlement for some reason, but ALWAYS keep medical open. NEVER EVER close that. Good luck.

[timbowilly]

Thanks for the advice. I am still waiting for my IC to fax me the settlement offer and then I will seek a consult with an attorney. I have found out that in TN the cap is 1.5, and I believe I could secure that with a phone call to the IC. I just dont want to give up a % to a lawyer for what I will receive anyway. Guess I dont trust anyone, Docs lawyers case managers Insurance people and so on but I can not help it. i do believe to do any better in TN i will have to get a higher rating than the 12% my wc doc gave me. Anyone out there agree or disagree, I would appreciate all opinions. What do yall make out of the insurance company not sending me out the offer that he said he would. It has been a good week now.

[cchovanec1@yahoo.com]

timbowilly Wrote:Hello and thanks to anyone who can offer opinions and or advice to me. I am in TN. I have had three surgeries, distal bicep rupture 11/06, carpal tunnel, and nerve entapment 8/07, all on the same arm. I have been released from the doctor and had a rating exam on 12/07. I have received a call from the IC on 2/08 saying that they had just received the rating from my md and that I was rated at 12% loss on the upper extremity. IC says that I would be entitled to 24 wks of the max 200 but that they would give me 1.25% of that if I would settle now. [30 wks] with open medical. He seemed eager to do this quickly so I told him to fax the offer to me on paper so that I could read through it. He agreed but has yet to do that. My questions are:
1: Is this a fair offer to settle or should I counter this offer and if so how much is appropriate?
2: Should I receive settlements for the hand or does the upper extremity include that?
3:Would a lawyer do any more for me as I am already going to get the 30 wks and if so would he want a % of the initial 30 wks or just a cut on any amount above the 30?
4:How much money is the open medical worth in that I am not the same as pre injury but do not forsee any more treatment on my arm or hand. I also have personal isurance through my wifes work.

Sorry for being long winded. I am impressed with the info being offered on these forums. I also realize that many of you have much more serious situations. Good luck to all and thanks again for any advice.

[cchovanec1@yahoo.com]

you shoud get a lawyer. Yea, they may get 20% cut... BUT they also can get you reimburses what you clm is actually worth...If you had and it sounds like alot of damage, I woud NOT settle with any Insurance company w outlegal help. I would not accept the amt they are trying to offer ...

[sparkey]

Well like i said, i had my PIR rating the same day as you, and mine came back high without surgery. If you have a high rating, they are going to get you set up with their lawyer to have a IME done and it could take a long time. I am still waiting on a date for my IME and sofar all i got was a bunch of copies of my doctors notes to read over and no appt. has been set yet. I had a upper extremity rating of 19% whole body, and they thought that was to high. So what i am saying is, it might be in the ballpark they are looking at paying you, so i doubt you could get much higher. I think that is what they are trying to get me down to. It also goes by ADL's. That plays a big part in your rating. I also do not have a lawyer, and trying to keep it that way for now. Hopefully something gets resolved soon. I am sick of waiting on the ic to get their act together. They have not made any offers to me, as they did to you. Are you working?