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Hearing this past Tues.
#1
Well, yet another hearing in the books. The ic lawyers tried to use my facebook postings and homeschooling my child to say that it shows complete medical recovery. The judge rolled his eyes and repremanded the lawyer saying it didnt prove anything medical, saying he wasnt sure at what they were trying to pull but it wasnt goin to work in his court. Smile yea! They brought in my human resource manager to testify on job description and duties and job previously offered (which was full time reg work load) that I denied. That went our way too. Having to lift 50-60 lbs when my restriction is 15. Also said that she sent letter for job based solely off the IME and none of my treating physicians.
My attny sent out a letter previous to the hearing w a settlement request to which they denied. And had a letter from them w a low ball rnd 13k and no medical. HA!! Not gonna happen.
So my attny wants me to think of an offer that I feel comfortable with sending back to them. The first one he sent them was for $50k and 6mo medical. But after thinkn through that more, my dr says that I will never go back to the classroom full time and will prob only b able to get part time work based on my restrictions. Well if your part time here there are no medical benefits or retirement, that I lost when I got hurt. So I now have to think of things and come up w an offer. My attny only wants to ask them to dbl their offer, but im thinkn thats still to low based on what I may have to end up having medical wise and without them paying medical, so thats a no go.
So my question to everyone- and I know theres never a right answer $ amount and everyones different- but what kinds of things shld i be thinkn about when I am figuring a settlement offer? Just things like - lost wages wld be close to half my previous earnings, medical coverage for at least 10yrs...... What else wld u include??
31 year old mother of 3. Working as Pre-K Teacher. Tripped over leg of therapy swing, twisted and jammed lower back.
Diagnosed w/ SI Joint Dysfunction. Moderate to severe pain daily. Limiting most functions.
 
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#2
your lawyer knows knows what your claim is worth......as for your pay they are not going to cover 100% they will take your disabilty % and pay you from that.....settlement means you take it upfront....do you know what your rating was?
........I love cats, I just cant eat a whole one by myself......







 
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#3
Jayne,
I do not believe I have an impairment rating. I have done an FCE exam and many many different tests. Shld my doctor know a rating for me? And does PA state even look for that?
I kno I will not be gettin 100% of previous wages. But based off my dr saying I cld poss work part time i figured what a part time at min wage wld be weekly for me and took the difference times 500 weeks. But what else besides wages wld u be thinking of during settlement?
Oh anf Jayne, my lawyer told me to go from a highly paid teacher with excellent benefits to a door greeter at walmart. And that since I take my pay (9mo worth) stretched over 12 months. The weekly wage of a fulltime walmart door greeter wld be more then my weekly teachers income. Therefore my case is worth crap based on his thinking.
31 year old mother of 3. Working as Pre-K Teacher. Tripped over leg of therapy swing, twisted and jammed lower back.
Diagnosed w/ SI Joint Dysfunction. Moderate to severe pain daily. Limiting most functions.
 
Reply
#4
pennsylvania doesn't use impairment ratings; it's a wage loss state.

you can only settle on future work comp benefits that the carrier would have to provide; not on what you might lose.
pretty much limited to lost wages and medical.

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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#5
ahhhhh crap then.....
........I love cats, I just cant eat a whole one by myself......







 
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#6
the only other things that might help would be having a vocational evaluation done to have a professional estimate of your potential wage loss.
also if there were any penalty issues you should include those costs.
p.s.
I assume you will not be medicare eligible very soon and a set aside is not required?
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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#7
I had vocational rehabilitation testing about a month ago. Still waiting on results from all that. Did FCE as i said before resulted in sedentary/light work restrictions which match what my treating physicians both recomended. Surgery may be in my future but as of the time of hearing it has not been recomended due to finishing exhausting conservative treatment first...... Which has been and in a month or so will b goin in to be evaluated for candadite of surgery.
So my thoughts are to not settle till all these thibgs come back and I figure out what they are lookn at for future medical needs.
I am already and was at time of injury taking college course work for better position within my company. However since then and drs telling me that I will not be returning to classroom, so I have had to make a decision to move into more of a caseload (paperwork and sitn behind desk) type of work within the education field. Therefore loss of potential earnings may be null and void because with continued education I could potebtialy make more then before. Would they ha e to pay for this education or wld they leave it up to vocational rehabto foot the bill if I am eligibal. Or in my settlement would i have to take $ out to reimburse voc rehab too? Which I wld need to include.
Oh yes.... U assume correct about medicare.
31 year old mother of 3. Working as Pre-K Teacher. Tripped over leg of therapy swing, twisted and jammed lower back.
Diagnosed w/ SI Joint Dysfunction. Moderate to severe pain daily. Limiting most functions.
 
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#8
weezle if you are needing surgery in the near future it really is best not to settle as of yet.

I worked in an early childhood classroom when I was injured, I am no longer employed at the school but do still receive tuition discount from my employment. i would very much like to enroll in a college class but with the meds I am on it is difficult to get my thoughts together and just to function in everyday life.

If you can find a desk job where you can put the education you have to use then go for it!

In my state of Kansas Voc Rehab will pay for college courses.
 
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#9
Bummer, yea Vocational Rehab in PA pays for alot too. But when registering with them, I thot they had stated that if I received payment from wc that they wld have entitlement to be reimbursed for their services..... So I will have to ask my lawyer about that one on Monday.
Education is my passion. When I was injured I was devistated, when I heard the "you are never going back into a early ed classroom, start lookn at older age groups, but we r not sure if ull even be able to do those one" I was literally crushed.
Voc rehab wanted me to withdraw from my current courses and they wld send me to school for possibly social services (which is not education). My mentor from my current school said that I cld do their BA in Educational Services and continue into my masters in curriculum and instruction. With this I wld be able to design the curriculum by which early ed classrooms run by and instruct the teachers on how to carry them out. Very excited about this.
Problem is. Voca rehab wont pay for the online mode of course work, which is what I am doin. They will only pay for me to physically attend classes, which Not sure if I can do that, sitting for hr to hr and half yet.
So do I withdraw and let voc rehab pay for college or do I continue with changing degree and do I have an option of having wc pay for it because if it werent for injury I wldnt have to change my education plan. And def not just gonna sit here, I have to find something in education I can do.
Shld/ wld you ask for this in settlement and is it even feesable to ask for something like them paying for college course work ??
31 year old mother of 3. Working as Pre-K Teacher. Tripped over leg of therapy swing, twisted and jammed lower back.
Diagnosed w/ SI Joint Dysfunction. Moderate to severe pain daily. Limiting most functions.
 
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#10
Perhaps you can offer to pay the difference. At the college where I worked there is is an online fee of $60.00 per college course. That is the cost difference between an online course and the on campus course.
 
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