Done and Over

[karenrae]

Hello everyone. Well I would like to take the time to let everyone know who has helped me in the past that my case has finally been settled. Not how i expected it to go but the Ins had an Ace in their pocket which would have made this whole thing drag out another 2-5 yrs. Well first off my Attorney put on the table 95000 with lifetime open medical and MSA. They shot it down like a deer looking into headlights and came back with 30,000 lifetime medical and MSA. then my Att. went to 50,000 still no go they settled at 38,000 with lifetime open medical and MSA. The secret Ace the Ins held was the amount of Doctors I seen here in Michigan. ( incident happened in Wis) Even tho my attorney explained to me that Wis WC allows 2 Doctor opinions i guess i went overboard. Of my own doing. NO. I have all my paper work from every appointment here in Michigan and each one is a referral to another Doctor claiming " this Doctor will beable to handle your needs) which the real excuse is we dont want to treat you because this is an out of state WC claim so we will push you off to another Doctor) thats how I got screwed or perhaps screwed myself by listening to the Doctors and going with the referrals. So we settled at 38000 open lifetime medical and MSA. Today I am faxing over paper to the attorney to look at to see if we have a case for the thoracic injury in which WE DO that i know for sure. I base that answer on the IME report due tot he fact that he declared the thoracic to be a muscle strain and if things did not get better he would recommend a MRI which was done 3 days after the IME which clearly showed a slightly buldged disc at T7-T8 I have had 3 MRI's done since Jan 05 of the thoracic spinal and each time the disc is buldged even more. Well i seen one Doc who said he could do the surgery as he felt it to be needed but was skeptical because he wasnt 100% sure he could go threw the chest which would needed to be done to fix. so he referred me to another Doc who I never seen because he sent me out to UofM and guess what.. First mention of WC injury " im sorry but I do not think I could do a surgery that would only give you about 10% betterness." so out the door i went. now i am back to the appointment with the original Doc who i know can now do the surgery since we clearly know the disc is only fully ruptured on the right side. now my need is to find a Attorney in Michigan who is able to practice i Wisconsin as well. Yes i admit I am one of the many that the Ins was able to wear done. I let meself down and many others. But I wont let them do it again.. Now I have a better insight on what i need to do and that is what im gonna do.!!

[Bad Boy Bad Boy]

The thing is, you have open medical, and a MSA. I can understand the open medical, but where then does the MSA come in at. This some kind of double talk or something. When the IC tells CMS (social Security) they are going to pay your medical for life, CMS doesn't require a MSA fund then. So it isn't making sense. But, still there are discounts allowed when medical is left opened. Meaning you take on some less of a settlement, how much who knows. If you feel you done well, that is all great, and way to go then.

I don't get this thing though about settling the L5 Fusion, then going to add on the Thoraic area. I wish you luck.

[karenrae]

hi BBBB. I am only to assume that there is a MSA because I am on SSDI. So perhaps I assumed to much and typed wrong information. I have been on SSDI for a lil over 2 yrs now and I still dont get the entire conceot of this that and other things. Regarding the Thoracica area from what my Attorney told me is that weill be a second claim as I have had no treatment thus far because no one wanted to touch it and also it being an out of state claim. But I have a Doctor now who is willing to help me. So my attorney suggest I begin treatment with him and go from there. Why. I have no clue. Once I get the papers from my Attorney in a cpl days i will post what it say as to the terms and conditions and what is what.. sorry if i complicated the posting..

[1171]

i think it will be very difficult to find an atty in your state that can capably handle a wisconsin work comp claim. I would recommend you find someone in Wisconsin.
a good source for finding attys in the state bar:
http://www.wisbar.org/AM/Template.cfm?Se..._Directory

[freebird]

karenrae Wrote:hi BBBB. I am only to assume that there is a MSA because I am on SSDI. So perhaps I assumed to much and typed wrong information. I have been on SSDI for a lil over 2 yrs now and I still dont get the entire conceot of this that and other things. Regarding the Thoracica area from what my Attorney told me is that weill be a second claim as I have had no treatment thus far because no one wanted to touch it and also it being an out of state claim. But I have a Doctor now who is willing to help me. So my attorney suggest I begin treatment with him and go from there. Why. I have no clue. Once I get the papers from my Attorney in a cpl days i will post what it say as to the terms and conditions and what is what.. sorry if i complicated the posting..

A MSA would probably be needed if you did not have the lifetime medical clause in your settlement.
Since you are Medicare elgible and I am assuming your future medical is over 25k this would result in a MSA to protect Medicares interest if you did not have Lifetime Medical.

We are from different states but my agreed upon Indemnity is 4x what yours is. Where me and you differ is I have a MSA.
The IC has put my settlement "on hold" over the MSA amount.

My injury is T11-T12. It was removed and replaced with a titanium cage and fused. I also have a plate and some screws.

[inpainokla]

wow 38000 and open med for a 1 level fusion..thats great to hear now i kinda have a figure to go off of..i had a 2 level fusion and am always trying to figure out what i should get