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Hopefully I found a place that can help me now
#1
So quick back story. I was injured almost 9 years ago. It was a back injury. The specialist told me my back was 60% disabled. I was told by my attorney my payout would be around 80k plus lifetime medical benefits. The workers compensation was paying me out bi weekly checks that were more than i was making while employed. I thought this was wrong and called them and they blew me off.

When it came time for settlement I got royally screwed. I got to keep my benefits but they paid me less than 1k dollars. I was told they had overpaid me. I was young and stupid and thought this was my only option. My attorney didn't really care one way only the other so I settled. Now they said they over paid but during the whole process I only received less than 30k altogether. So I don't know why it was that low.

My first question is I assume there is no recourse once you settle....is that correct? If there is is there a time frame that you can look into that?

My second question is my workers comp adjuster (Zurich) does not call me back. I have left 3 messages in the last couple of months and I get no response. I have this lifetime insurance but I'm not even sure how to use it or what I can do. If I'm not even able to use it should I just see if they will buy me out of it? They said at settlement it was worth 20k.
 
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#2
attys often over promise. I'll have to assume your state uses impairment ratings since you did not give yours.
there is no way to predict permanent disability amounts prior to a rating.
It depends on how you settled. your settlement paper should explain whether there are rights to additional benefits. you didn't give much information about the terms of your agreement.
if you signed papers that close out your claim, then you are correct. there is no way to file for more unless you can prove fraud.
fraud has no time limit.

did you close out your claim?
what do your papers say?

you can file a complaint with the claims manager; however most carriers are barred from dealing with a represented claimant directly.
contact your atty.

what lifetime insurance is that?
the rules are different for every state and I can't often much help without knowing yours.

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
I can tell you I recently settled with open medical and from (Zurich). With in the agreement papers it does state I relieve my ex employer of any obligation, but also states I have up to 1 year to have it reopened. But even my adjuster would never answer any calls if I tried, even though were settled disputes and questions go through my attorney,

This should all be in your settlement papers, it is possible by the time they collected the over payment funds and your attorney took his fees it might be whats left. Its sad to say, but just because that's what your attorney told you $80K he would have been guessing and might have been much lower... But you would know this if you agreed and signed the papers..... You did sign them, right.?
.
 
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#4
Like I was saying before I signed the papers years ago so I can barely remember what they said. I do have a copy of them though so I'll need to pull those out. I'm in california. They said the money I would be getting was based off of how "disabled" my back specialist said I was.

The biggest problem for me is I just need to get a hold of someone to figure out what I can do? Like can I go to a chiropractor or what doctors in my area am I approved to see. I'm just getting no help from them and no calls back.
 
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#5
sounds like there was a disability award and not a compromise and release.
if so, your permanent disability amount can't be changed as you are past the 5yr window.
you can contact the I&A officer for help
http://www.dir.ca.gov/dwc/IandA.html
you can also file a complaint with the state bar, if your atty is not helping you.

you can only get treatment from the carriers Medical Provider Network for your original work injury. if you have re-injured your back or your current back problems are the result of something that has happened since the original injury at work, it's not covered by your future medical award.
you will need a doctor's report verifying the cause for your current problems.
you may have to return to the comp court to get your medical benefits restarted.
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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