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Mediation - Scooter123 - 07-28-2015

I'm off to mediation yet I'm not at MMI and have a few issues that have not been addressed yet.
DA responded as a request from a form 50 we filed regarding the other body parts. 

My injuries that have not been addressed yet have a potential/ are going  to be a major expense in the future. Over the past year, they have intensified in pain and I have no health insurance nor anyway to pay to have any MRI's/treatment done until Medicare kicks in, in late 2016. 
I did see an IME who reported his opinion and it's severe enough that it needs to be addressed sooner rather than later. That's what they said a year ago.....still fighting them about it.

Since I have never had any issues in the past with one other body part that is listed in the request, I feel confident that we would win a hearing. 

 I know mediation is nothing more than a "let's see if we can buy him/her out for as cheaply as we can so we are no longer responsible" thing. 
I'm just so tired of dealing with their crap that in one way I do want out from under their thumb yet on the other hand, I feel they should address the other injuries and reaching a settlement at this point would not be in my best interest unless they pay for health care for a year plus the max 500 weeks and list me as permanently disabled. 

I would appreciate suggestions/comments as I prepare for this event. 

I'm in SC, the state where nothing is listed online. 

Thanks in advance


RE: Mediation - California_Help - 07-28-2015

You would need a MSA as you will be Medicare eligible. Could you use the MSA monies before you are Medicare eligible? If so settling may be worth it. I would make sure the private insurance will cover the injuries that are accepted by work comp. For the injuries that are not accepted injures you would not need a MSA on those and you could use private insurance. 

I have never heard of an insurance company paying for private insurance and co-pays as part of the settlement, but if they do I would make sure you are aware of what coverage you have as there are some really cheap policies out there. Perhaps it would be better if you got some estimates of what the insurance would cost with co-pays and ask for that amount. Then you can pick the policy yourself (JMO).

Hopefully other will come by who have been through mediation and give you some input. One of the links 1171 posted had chapters that contained some good info as well as names of cases.(I just skimmed a few chapters)

I hope for the best for you.


RE: Mediation - Scooter123 - 07-28-2015

Private insurance is not an option as the cost is 700-800/month with a 25K deductible.
WC has only accepted one body part injury so the MSA would need to be applicable to that body part only, correct? The lawyer had to be prodded to go after the other body parts.
The other two.....that's the reason we filed the form 50....for a hearing to make them responsible for treatment.

I'm in a quandry...


RE: Mediation - California_Help - 07-29-2015

The MSA would only be for accepted body parts.