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Finally got counter offer from IC and it SUCKS
hmkmck1

Ok so your not planning surgery in the future - and you will still have meds for life - all of that will have to be figured in.

So what is the cost of your meds monthly? take that and figure that over your life time - say average 75

Now that should be figured into your medical portion that is being settled yet

your still entitled to an industrial disability settlement because your ability to find a job is dimished because of your impairment - per iowa law - Like I said I got roughly a 20% and that included the impairment plus industrial rating combined and that was without surgery as well.

now you would have to subtract out all that they have paid you so far as well from that (And this will happen if you go to court) - may not if you settle c&r but since you have gotten PPD so far for 50 weeks - the IC is also counting that amount in as well into the amount that they have already paid out most likely.

So these are things that should have been taken into consideration.

As far as IME - your attorney should have or could have paid for that up front for you so that they could have had something to counter the IC rating with. Or they could have petitioned the courts for the IC to pay for the IME (allowed by state law). Also if you feel your not getting good care your attorney could have also petitioned the courts for alternative care to get you with a different doctor. Sounds like you got a attorney that may not be to familar with WC laws in Iowa in my opinion.

If your attorney says that a person your age should have shown more improvement is the reason the IC is offering such a low ball figure - then that should tell him that "lights, bells, and whistles going off here" that you are not in the normal majority and that your improvement will not continue to get better at this point very quickly. It may be a long and slow process. I am 3 yrs post injury and I still have pain and although some days are better than others - it's still there - but bending down and other movements sets it off for a while. So I try not to set it off to much if I can help it ........ lol

So hmkmck1 my opinion at this point is for you to work up some numbers on your own and tell your attorney what you want to counter with and then expect to get a counter inbetween there most likely. If the IC is really wanting to settle this instead of going to court then they will keep negotiating. If they think that you are to out of the ball park then they will stop the negotiations all together and let it go to court.

Also just and FYI - your attorney can word it so that little of the money you get on C&R will go for SSDI offset since you will be closing out the medical and you were approved for SSDI already. Since you are closing out medical that may be another stumbling block at this point. I am not sure on that - since SSDI knows that Iowa as lifetime open medical on injuries.
 
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