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Another Settlement Offer
12-31-2009, 05:53 PM
Post: #1
Another Settlement Offer
The offer came in the mail today and is for $35,000.00 with a MSA of $10,000.00, with $2,000.00 of this for Part D, (Loratab)

I do not have Part D as the pharmacy says it would not be of benefit to me since I have BCBS.

The letter says if more money is needed then they will dispute the replacement being work related.

The insurance company is wanting to close out all issues, I believe this means the future decision to be made by the judge.

My attorney & I wait the judge's decision on treatment for the right arm & back, and additional treatment of the right knee.
Had nmeniscus, pica, & chrondyl repair approved by wc of the right knee 2/07.

Add to this I am having problems with the replacement (left knee) with pain & limited range of motion.

And I fell a couple of days ago when the right knee buckled and been having pain about 7/8 in the joint and lateral area of the knee.

I do have to wonder if the insurance company is sincere in the settlement offer or are the scared on the decision the judge may make.
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12-31-2009, 07:47 PM
Post: #2
RE: Another Settlement Offer
Bummer, I don't think their scared in any means, as surly they been down this road many of times. I hope this letter came from your attorney first though, as they are to address the attorney to address you? The IC's attorney's get paid no matter what. They can sit for ever on this. They might appeal, and what not, when the Hearing Officer makes a decision. But, only time is going to tell and be the answer to all this.

Reply's are intended solely for informational purposes. They are based on personal opinions, experience, or research and are "not to be taken as fact or legal advice", otherwise, always consult an attorney or a doctor.
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12-31-2009, 08:24 PM
Post: #3
RE: Another Settlement Offer
Yes, the letter was sent to me by my attorney.

How can the insurance company still claim the replacement is not work related
when the judge ruled it was?
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12-31-2009, 09:27 PM
Post: #4
RE: Another Settlement Offer
Bummer, I can understand a Hearing Officer making an order to complete a Medical issue, but still, the IC has things they can try, and I say try, to pull out of hat. One just never knows what they will try. That is until it happens, and it is seen.

Reply's are intended solely for informational purposes. They are based on personal opinions, experience, or research and are "not to be taken as fact or legal advice", otherwise, always consult an attorney or a doctor.
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01-01-2010, 10:45 AM
Post: #5
RE: Another Settlement Offer
With the settlement offier I received a copy of the letter being sent to CMS and it list all medical treatment I have received by all doctors (WC, primary & specialist) with medical records attached.

The information covers from the date of my accident to my most recent appointment.

I am up fopr re-eval for SSD in 2010, this should give SSA plently of information to make a decision.
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01-01-2010, 12:04 PM
Post: #6
RE: Another Settlement Offer
that seems like a pretty fair settlement offer seein how my father only received 8,000 for a knee replacement..but he didnt hire an attorney so he prolly got low balled

SETTLED!!!
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01-01-2010, 12:07 PM
Post: #7
RE: Another Settlement Offer
Bummer are you and your attorney thinking about accepting the offer??

SETTLED!!!
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01-01-2010, 12:22 PM
Post: #8
RE: Another Settlement Offer
I'm in no hurry to settle, still waitting for the judge to make a decision on the back & right arm.

I't not all about money, my priority is receiving the medical treatment.
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01-01-2010, 02:39 PM
Post: #9
RE: Another Settlement Offer
I have a question about a settlement if you don't mind.
Does an injured worker have an option to keep receiving weekly checks or is there always a settlement? I myself would like to keep getting my checks weekly instead of a settlement payout. I also would expect lifetime medical
Bummer Knees it just doesn't sound like enough money for all you been through. Good luck to you

Take Care and Be Well
Tom
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01-01-2010, 02:47 PM
Post: #10
RE: Another Settlement Offer
TPM, once a injured worker is put at MMI and in some States a Rating given then, TTD stops in most cases. The IC is by no means forced to come up with a settlement unless the issue is brought up to them, or by a Hearing Officer. But to answer your question, TTD checks will not continue. You can though settle out your case without a Lump Sum and have it paid to you Weekly, Bi-weekly, or Monthly. But, remember this leaves your family out of the rest of the money if you were to die. If you die, it's done and over with.

Reply's are intended solely for informational purposes. They are based on personal opinions, experience, or research and are "not to be taken as fact or legal advice", otherwise, always consult an attorney or a doctor.
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