I received a settlement offer today from the wc attorney.
This letter reads:
Regarding minor work injury.
An attempt is being made regarding a settlement.
The settlement would include a statement regarding the disputed nature of the total knee replacement as well as the upper right extremity claims.
The letter reads; I have a rating of 37 % to the left lower extremity worth $9,000.00.
A rating of 10% to the right lower extremity worth $3,000.00.
With a 46% whole body.
The letter read the attorney has been given authority to offer $25,000.00 to close out all issues. The insurance company wants to settle and avoid going to court Dec 17th.
The knee replacement surgery was 6/08 and by judges order.
On 1/09 information was presented at a hearing on adding to the claim, the upper right extremity &lumbar spine. (I wait to receive medical treatment for both)
No decision has been made yet and we return to court 12/17 to present additional medical evidence & for the judge to make a decision.
In my opinion this offer is totally crazy.
Thats is crazy!Half you body is disabled and 25 grand to compensate for that.Wait it out go to court.I wish I could even get to a judge!!!lol.IMO that offer to me is insulting to what you've had and have to go through.Good luck and God bless.
I was offered 13k on my 1st settlement offer and the WC Doctor said after a IME that I was Pand Totally Disabled!
We said no and the IC has "upped" the offer during a 8 Hour mediation to approx. 150k plus a MSA. We still have not finalized a settlement because of the MSA cost but I am continue to receive a weekly check and all my medical/prescription cost taken care of. I am over 6 years post injury.
They are probably"low balling you" to see how "hungry" you are.
I do not know the laws of your state on Body Ratings though. What about a Medicare setaside or your future medical?
BK, as you know, every state is different when it somes to WC..
I haven't been on much for the last two months due to schooling. However, when I think back about things you have posted. I am worried about "closing medical". Has everything been taken care of as far as the medical goes?? Is there anything that my need further treatment?? I know you are wise enough to look at the medical issue before the monitary issue, but I thought I would ask.
As far as the monitary issue goes, I would try and look at others with in your state.
8-05, Micro laminectomy/disectomy. 10-05 lumbar fusion L5-S1. 2-07 exploritory surgery. 12-07 medical implant, Spinal Cord Stimulator. now receiving SSDI. After going back to school, I received my degree as a mechanical engineer. What can I say, it was the only way I had to beat the system.
It seems to me that first a decision has to be made on the added injuries. Maybe Bummer with some luck that will be taken care of first on the 17th....then you can talk settlement. You know what your injuries are worth and so does you attorney. You'll know when to sign. Best of luck.
11-22-2009, 10:49 AM
(This post was last modified: 11-22-2009, 07:36 PM by Bummer Knees.)
The insurance company is wanting to settle prior to the Dec 17th hearing to avoid going to court.
The purpose of the Dec 17th hearing is to present additional medical evidence on the back and arm and to try to convince the judge to make a decision on the above.
We first went to court a year ago on the back and arm and still wait for a decision to be made.
I have 2 IME reports with both doctor's saying the back injury is related to the original injury and 1 IME report that relates the use of the cane to the right upper extermity. And my primnary doctor wrote a letter to my attorney saying the back & upper extermity are related to wc.
My arm grows weaker every day and, I have moderate wasting of the muscles of the hand along with an entrapement of the ulnar nerve at the elbow.
I spoke with my attorney this morning and told him we are going to court on the 17th. I want my medical taken care of!
He asid do not take this personal as it is all about the dollar amount with the insurance company.
My attorney said sometings I do not understand, he said due to SSD and work comp offset I may be better off if I settle at $25,000.00, anyone know why that may be?