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Settlement Questions- Michigan
#1
Ok. Long story short(most likely not short as I ramble and here is a perfect example of why it won't be short)

I hurt myself this last summer at work. Pretty serious sprain injury to the ankle that tore a bunch of tendons and ligaments. Obviously my work fought me on this and tried down playing it until I FORCED them to schedule me an MRI for the ankle. Come to find out I need surgery to fix it, and then I MIGHT be able to go back to work... Surgery is scheduled for a few weeks out from this point, at which point work comp notifies me that they are not denying my claim, but it hasnt been approved.

I get a lawyer, this is in August '19, he says based on info I gave him I have a very strong case. I go to the work comp IME doctor in september, but never get the results. Neither does my lawyer.

Mind you I have been taken off work as I cannot drive and there is no public transportation and I live 50 miles from my place of employment.

I had to meet with an investigator for the insurance company who interviewed me and the witnesses from work. Everyone verified my story of what happened, but work comp still "denies" my claim(I say "denies" because they havent approved or denied but come on, it's been 3 months at this point)

My lawyer gets me in with a "truly" independent IME, who says 100% my injury is work related. Come to find out, the very next day my report from that first IME (3 months prior, AND remember it was the IME that work comp chose) came in the mail at my lawyers and he told me it ALSO is in my favor, that his findings were that my injury was work related.

So at this point, I have 2 IME reports that are in my favor, as well as a investigation done where the witness all corroborated my story.


We have a court date in a few days where he is going to ask for a trial date as we are ready to proceed. He said he fully expects them to come forward with settlement offers between now and then. When I asked him what we could expect, he told me we are requesting my back pay + 5 years wages as I have only ever worked manufacturing and due to my injury I will most likely not be able to be in a standing position longer than an hour at a time so I cannot go back to my previous field.

I know Michigan work comp pays 2/3 of your pretax wages, will that apply to the settlement as well? Or if it goes to trial and we win, will it apply there or how is an offer calculated?

I am extremely confident with my case, and my lawyer is too. I am confident in his abilities, but he is a little bit "standoffish" is not exactly the right word but he could be more people friendly. So getting information out of him can be difficult at times.

Also, sidebar, but I don't for the LIFE OF ME get why this has been such a hassle. Why does work comp have to fight so hard on this when it should be a clear cut and dry case...

Anyways, any help on how settlements? Say they go "your 5 years of wages are calculated at $XXX,XXX" do they pay that, or 2/3 of that?
 
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Messages In This Thread
Settlement Questions- Michigan - chubbygodofthunder - 01-06-2020, 07:24 PM
RE: Settlement Questions- Michigan - 1171 - 01-06-2020, 11:26 PM
RE: Settlement Questions- Michigan - 1171 - 01-07-2020, 08:01 PM
RE: Settlement Questions- Michigan - 1171 - 01-19-2020, 09:19 PM
RE: Settlement Questions- Michigan - 1171 - 01-20-2020, 08:52 PM
RE: Settlement Questions- Michigan - 1171 - 01-26-2020, 12:29 AM

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