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CALIF 500k settlement 80k MSA what to do?
#1
MEETING BEING CALL IN 3 WEEKS TO SIGN SETTLEMENT PAPERWORK....

DOI 2003
BACK AND PSYCH INJURY
BEING PAID TTD NOW AND SSI
MEDICARE APPROVED
AGE 50

IF HARTMAN LANGUAGE IS INCLUDED...CAN YOU REQUEST BOTH A LUMP SUM AND MONTHLY PAYMENTS FOR LIFE?

ACCEPT THE "CASH OUT" MEDICAL SINCE I HAVE MEDICARE OR NOT???

THE MSA APPEARS TO BE SMALL...AS I AM IN NEED OF BACK SURGERY ACCORDING TO THE AME....AND SURGERY IS NOT A CHOICE AS I CAN BARELY WALK AND IN GREAT PAIN.

AT A LATER DATE CAN MEDICARE TAKE MY SETTLEMENT IF THE MSA IS TOO SMALL?????

DOES ANYONE CARE HOW FOUL UP MY G.I TRACT IS OR THE FACT I CAN BARELY HOLD MY BLADDER??????

SINCE I HAVE MEDICARE, WILL MEDICARE FOREVER PAY THESE BILLS AS WELL???

THE IC MADE THE INITAL OFFER.....THE ATTY COUNTER WITH 600K AND THEY SAID NO.

HOW DOES THE COLA MEASURE UP TO THE LUMP SUM OFFER OF 500K.
THIS IS FUZZY....BUT I THINK THE COLA IS 5% PLUS MY WEEKLY PD AMOUNT FOR LIFE...AM I RIGHT.

I AM IN CALIFORNIA.
 
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#2
the future cost of living is not known ahead of time.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#3
If the MSA is too small or not handled correctly, CMS (Medicare) can come back on you, the employer or carrier (responsible reporting party) and the attorneys who negotiated the settlement. MSA will need to be approved by CMS.
 
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#4
That is interesting my wc attorney told me that an employee can not sue his/her employer when injured on the job in California. Arnold had changed laws to protect our employers. ?
 
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#5
(12-01-2011, 06:13 AM)ca/wa what next Wrote: That is interesting my wc attorney told me that an employee can not sue his/her employer when injured on the job in California. Arnold had changed laws to protect our employers. ?

Please don't hijack a thread. If you have something to say, post a New Thread.

In answer to your question, California has always deemed Workers Compensation to be the exclusive remedy for workplace injuries. Gov. Arnold had nothing to do with that.

DISCLAIMER: I am not an attorney. While drawing from my professional training and experience in law enforcement and as a former Paralegal, no comments offered should be considered as legal advice.
 
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