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izell · 02-26-2010, 04:26 PM

:(Had mediation this morning. I/c refuse my offer and said no more than 12500. I sign tentative agreement. Was told that assigned judge is a tuff one. IME final report said that from FCE showed that sedentary work can be done. It did not mention anything about NCS which showed nerve impairment in both arms. I would have a tough gamble if I chose to go to trial. It was mentioned to me by my lawyer that since I am on medicaid, that I could get treatment from it. I don't like the idea of that. I can't go back to driving trucks anymore. I don't have a clue about what I will be doing in a year from now. I go to appeal for SSDI in a month. I meet all the requirments set forth by SSA. Don't know how that will come out. It's very scary now for me. I'm at the point now where I will accept this amount. My lawyer told me to sleep on it and to let him know Monday. The agreement will be looked over by the tuff judge. He could signed it or reject it. I'm hoping that he reject it. Am I giving up too sone? I don't know. Just don't want to go to trial and end up with nothing. I'm in a position where I'm desperate. Not a good place to be. Not a pot to pi** in and definitely not a window throw it out of. State Office of Mental Health is paying for me in the group home that I'm in. Was told that since I'm in the system with them, that it will be easy to get SSDI. I don't know that for sure. How much I wish that I were never injuried. And how much I wish that I was giving adequate medical treatment. And that I should have gotten an lawyer from day one. Now it's not hard for me to see how some disgrunted people act out on establishment. But not how they could injuried innocent people. I'm thankful that I can express my thoughts here on the forum. To not to be looked at funny. I suffers from manic behavior. I can feel it coming on a bit. How can I talk with someone now in this frame of mind without pouring gasoline on this flame burning on the inside? Almost zero tolarence. I must go now and separate myself from everyone. I don't want to become that person that I try so hard on a daily basic to not become. For my sake and for others. Everyone, thanks for being here. I don't posts everyday but I be here everyday. This beast of an w/c injury causes more harm than anyone can ever imagine sometimes. It just so matters that it is affecting me right now. Please everybody, Pray with me and with others for the ones who so much needs it now and in the future. Thanks. Izell. Will try to be back soon.

Bad Boy Bad Boy · 02-26-2010, 06:26 PM

Settle for $12,500.00 for what? Have you been treated and fixed to the best you will be? Then if not, you best be thinking real hard first.

~~freebird~~ · 02-26-2010, 07:14 PM

He has had a FCE. This usually means he is at MMI according to the WC Doctors. He was found to be able to do Sedentary work. Now he is at Mediation and $12,500 is the offer from the IC.

If I remember correctly, He is from Louisiana. From my personal experience, A settlement offer can be done without any impairment rating. I have been thru a 9 hour mediation negotiating a cash settlement. It was based on the findings of the IME.

What was the finding of the IME? I assume you are at MMI and Louisiana WC is wanting to settle.

Do you need future medical? Does any physcian state you need future medical for your work related injury? The IC CANNOT legally settle without your fuure medical being addressed.

I need some more info. about where you are at or declared to be at relating to your injury.

MMI? Voc. Rehab been offered or discussed?
I feel for you but you must dust your feet off and start thinking straight.

What do you want or feel should happen? WC is trying to get you at MMI whether it is medium or sedentary work. They are not trying to get you to pre injury status.
I am not trying to be "mean".
What is your age? This can be a big issue when applying for SSDI.

izell · 02-28-2010, 04:30 PM

Hello everyone. It seem that I didn't logged off after last post. No voc.rehab. have been discussed. The IME reported that I could probadly do sedentary work after PM. and rehab. He did not include the results of NCS/EMG tests. It was an incomplete report. I have not been put at MMI by neither theirs or my dr. I'm 44yrs. young this July.

bronco54501 · 02-28-2010, 05:20 PM

Izell..... I dont remember what your injuries were.. But I do know its way to early for you to accept that offer...... There to much still out there that needs to be taken care of... Remember your only 44 and a long life in front of you and a lowsy 12,500 won last very long...

~~freebird~~ · 02-28-2010, 06:38 PM

Are you still collecting WC pay?
Is the IC still paying for all your medical/prescription drug needs?

If no, Why not? What is there reasoning for this?

If your answer is yes, Then you are okay right>

I continue to draw a weekly check AND my medical/prescription drugs needs are met BUT A WC IME found me PTD.

izell · 03-02-2010, 01:02 PM

Hello everyone. Initial injury: cervical strain, bursitis in both shoulders, pain and numbnes, weaknes in both arms and hands. Last report from NCS/EMG test showed ulnar and median nerve slow reaction in both elbows and wrist, possible c7-c8 radiculopathy. Due to their Voc-rehab and FCE results. They stopped benefits when I didn't accept my employer offer of an modify position. Thing was that I still had complaints of extreme pain and discomfort in my neck and shoulders and hands. The job offered intell the use of the upper extremities. Which was the injuried parts. I believe now that I should have retained an lawyer then. But I didn't. I spoke with my lawyer yesterday, and he said that this is the most that I would get. The judge will go over the records and decide if this offer would be reasonable, if not, he will refuse to sign off on it.He also told me that this judge is more leniet toward the employer. Considering this living arrangment I'm, which the state is paying for. And the program being offered that is placing people with my type of illnes(mental and physical and homeless) into an PHA(permenant housing assistance). I would have the finance available to get me started. I am on the waiting list(already q1ualify) for a 1-br apartment. Then I won't be depending on no one else to get me started. I believed and was told by the folks handling my case for the state that I have a very good chance of getting SSDI. Since the state does the determination for SSA. I didn't expect to get rich from w/c. It's just a shame that we as injuried workers have to go through what we do. However which way The GOOD LORD want it to be. I have no choice of having to deal with it. It's just that sometimes I don't think straight just to deal with it. Thanks for being here. Izell.