settlement ideas

[tweety00]

As kate stated that it what I was told . Still a denied claim . but they want to settle and did . not saying the amount but at least I can continue to get treatment if I need it .. Its not the low figure stated either . ok

When I get the papers in my hands .. Then I can open up on who I am .. This forum has helped along the way alot ..

[jayne]

Tweety I am so happy for you......if you are satisfied then so am I

[chrischris]

Hi Tweety,

Wish I had something to offer but I haven't made it to your point yet. I was just made MMI and have a QME appt. for a rating. This is on an accepted injury claim. Then there's the psyche claim that I was sent to an AME and made MMI and the claim was said to be 100% inudustrial. My Claims Adjuster has contnued to deny but has given no reason.

I'm guessing that once I get the upcoming QME rating, there will be a MSC and both claims will be involved.

Both PTP who just made me MMI and the Psychiatrist who made me MMI, put down Future Medical in their reports. I won't settle without future medical.

I am SSDI total disabled but I don't know if that is even considered.

Oh, Isn't this a fun maze we got ourselves in by being injured on the job?

Tweety, I'm glad you are happy, and hope that everything contnues to go well for you.

[1171]

"Body As A Whole Disabilities – When your work injury results in permanent disability to a part of the body not included as a scheduled member, the disability is considered industrial and is determined by assessing the difference between what you were able to earn prior to the injury and what you are able to earn after the injury. A variety of factors influence the assessment of lost earning capacity. These include the medical condition before the injury, immediately after the injury and now; the part of the body injured; how long you needed to recover from the injury; your work experience and your qualifications intellectually, emotionally, and physically to learn to perform other work; your earnings before and after the injury; your age; education; motivation; functional impairment related to the injury, and loss of ability to do your old job; or loss of earnings because of the injury.

No specific guidelines advise how any factor is to be considered in a particular case. Each industrial disability case must be decided on its facts. Industrial disability is calculated on a 500 week basis with the percentage rating multiplied by 500 weeks."
http://www.iowaworkforce.org/wc/2009QA.pdf

[Still in Limbo]

Thanks for the Info. 1171, I See that Iowa has a 500 Week System also. Here in Pa., after 104 Weeks of TTD, the Ins. co. can Send the Injured Worker for and IRE, within a 60 Day Window of the 104 Weeks, and it's just a Paperwork Change to Start the 500 Week Clock, and the Injured Worker would have an almost 0 Chance of Fighting it. In My Case, they Missed the 60 Day Window, so now it is Their Burden to Prove that I am Able to Work, and Work is Available before the Judge will even Consider Sending Me for the IRE. I know it's Complicated, but Fortunately for Me I have been Winning, and I Hope it Continues! Thanks Again for the Info.


Cookie, My Pharmacy is Innoviant Pharmacy Out of Philadelphia Pa. My Meds. are sent to Me via UPS. This is the Pharmacy My Attorney set Me up with!

[tweety00]

Ok 1171 I understand that but was told im getting around 21% ... Rating is i rememeber right what the lawyer said was 3 5 for the back and 9 for so for the neck . Is ther something your trying to get me to get .. Its not working email me .

1171 Wrote:"Body As A Whole Disabilities – When your work injury results in permanent disability to a part of the body not included as a scheduled member, the disability is considered industrial and is determined by assessing the difference between what you were able to earn prior to the injury and what you are able to earn after the injury. A variety of factors influence the assessment of lost earning capacity. These include the medical condition before the injury, immediately after the injury and now; the part of the body injured; how long you needed to recover from the injury; your work experience and your qualifications intellectually, emotionally, and physically to learn to perform other work; your earnings before and after the injury; your age; education; motivation; functional impairment related to the injury, and loss of ability to do your old job; or loss of earnings because of the injury.

No specific guidelines advise how any factor is to be considered in a particular case. Each industrial disability case must be decided on its facts. Industrial disability is calculated on a 500 week basis with the percentage rating multiplied by 500 weeks."
http://www.iowaworkforce.org/wc/2009QA.pdf

[1171]

usually spine is rated as whole person impaiment and earnings differential calculation is used.

so is it 13% or 21%?
so you've already made a deal and are waiting for papers to sign?

[tweety00]

rated at 13 but getting 21 as in the deal is done yes


but still curious what your after .. i was making 167.50 a week they scale

[1171]

it sounds like the settlement amount is based on the rating and I was wondering why wage differential wasn't being used?

often times wage differential or wage loss is higher.....

[Bad Boy Bad Boy]

Tweety00, I'm glad your almost done with this.

1171, I was told the spine is rated into 2 sections, and then a body as a whole? Like 60% & 40% if both injured then it's 100%?