Finally got counter offer from IC and it SUCKS

[Bad Boy Bad Boy]

This is Thread # 3 now. Hummmm

[BeenThere]

Did someone say your PD rating is just 5%?

The settlement figure the IC comes up with is a combination of things. 1) your PD rating/value, 2) your estimated future medical costs, 3) any other items in dispute.

The biggest variable is your future medical costs. What 1171 was saying and someone jumped his back for it, is that the adjuster/IC is looking at your back claim and is willing to risk that if you haven't already had the surgery, the likelihood is that you will not have it in the future. Therefore, why would they just give you that money. They are willing to take that risk. Settle your claim by Stipulation to your PD amount and leave the medical open. The percentages are with them.

Has your attorney tell you the exact dollar figure your PD works out to?

If, for the past year, you have had only medication, the adjuster is going to figure the cost of medication over your life expectancy, or less, and that will be the figure they come up with.

They don't care if you offer to never work for that district again. Either you can work as a teacher or not. If not, you may be entitled to Voc Rehab or a Voucher, depending on your State Laws. If you can, they are not likely to negotiate a resignation as that would be in bad form and possibly seen as unlawful termination even if it is voluntarily on your part.

Remember, the lump sum of a C&R is not guaranteed and you can't get that ordered by a Court without agreement. Only a stipulation to pay your PD and leave future medical open.

Best of Luck

[Pooh]

does this amount include the industrial disability?

What did you advise your attorney to counter with? Open medical? Why would you close medical anyway with a back injury?

Medical in Iowa is life time open medical if it goes to court

As far as what you can't do in your personal life - you can't explain that if you don't go to court - sorry

Did you have an IME for your side at all? Or just the rating for their side? If not then why haven't you been to other doctors to get any other opinions to help your case that there is need for surgery in the future but for now it's not needed and that opting out was your best bet. If not then guess what - you refused medical treatment and they can take that into consideration. Did you ask for a 2nd opinion about the surgery and they denied it?

There are lots of questions that may need to be answered but really - as far as offers and counter offers - you have the say in that - no one can tell you what to accept or not to accept. I got 30K for 20% industrial disability but I am sure our weekly rates are alot different. And I also didn't have surgery as I am not a canidate at this time. But I also have open medical for life on the lower back.

But I also listened to my attorney with what my IME stated and we calculated and I had figure I would not go below on negotionations and they had a figure they would not go above - so to court we went.

[tweety00]

pooh what part did you settle on ? I have mixed feelings about open medical since the w/c is just to friendly about giving treatment ..How many claims did you do for all of your problems ?
Im going for 2nd opinion right now .. or working on it with my i/c .

[Pooh]

tweety court only allowed for the lower back which is fine with me since the IC would not give me treatment on the shoulders to begin with - that was like sqeezing blood out of a turnip.

Also the rest I have been seeking treatment on my own for the past 3 years anyways so why mess up the rythym and have to deal with wc doctors at this point.

[Bad Boy Bad Boy]

hmkmck1, please explain to the people here on this Board, why surgery has not taken place yet.... Thank you so much....

Here is an issue, a doctor states there is damage, surgey is needed or might be needed. If the Injured person refuses the surgery, then the settlement is lower, and so is the rating. I have seen this so many times. Also, is the 5% whole Body, or just the injured part, you all need to know this also. Fighting it, is a loosing battle also.

[Guest]

Well said, Red!

[jayne]

BRAVO...BRAVO......BRAVO

[Still in Limbo]

I wasn't here much yesterday, but what I read is that a surgery is going to be needed in the future, none have been turned down as of yet, and the attorney made the i/c aware of the later needed surgery, so the offer was low. There is still a lot of back and forth to go here, you never accept first offer, even though some say you should never negotiate, most attorneys do it that way. I don't see this as the end of the road, only if you settle for the small amount!! Tell your attorney to get sharp, and get you an amount you can live with!!

1171 I tried a post to stop this bickering and arguing, and your post was absolutely uncalled for and absurd!! I'm Pissed Now!! Why don't you just go away until you decide to be civil, and can be an asset again to this forum. I'm tired of your attitude, and I know I'm not only one!!!! (ENOUGH OUT OF YOU IS ENOUGH!!)

RED, Thanks for being the calm one this time, I'm sorry but I can't. 1171 has a serious attitude problem that needs addressed. Statements like that should never be said to an injured worker, and I'm calling him on it!!

[Bad Boy Bad Boy]

Lets see (TOS) # 3;

3) Language deemed foul or offensive is prohibited. This is a family oriented board!