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CA-Buyout Of Medical
#1
I'm in California. IC has offered buyout on medical. Would be good to get rid of them since they aren't doing much for me anyway. It's been a complete battle every step of the way. The things they have done have taken on average 2+ years to get authorized.

My concern is the medical liens to date in my case. Attorney advised all liens will paid by IC. Settlement amount they offered to buyout medical goes to me with attorney taking percentage of it. How do I best protect myself to make sure this is how things go if I take the offer?
 
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#2
your atty is responsible for settlement process and correct wording.
Most of thes are standard in any C&R:
"hold harmless" clause;
Specific wording that leins are from outside settlement amount
Increase the amount to cover the leins and pay them from the settlement.
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
(11-25-2014, 08:38 PM)1171 Wrote: your atty is responsible for settlement process and correct wording.
"hold harmless" clause;
Specific wording that leins are outside amount
Increase the amount to cover the leins then pay them from the settlement.

What's the best way to assure all liens are accounted for and all services/providers have actually been paid? I've seen a lot of different doctors over the course of this. If a lien pops up after settling with IC I don't want to be stuck with some huge bill.
 
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#4
Legitimate Liens can't "pop up".
They are either on file with the court and delt with at the time of the approval or denied/rejected if filed late.
Comp law will not allow providers of comp treatment to bill the worker; it's either comp or other coverage.
If you are afraid some providers won't get paid or shorted, start contacting them to get their paperwork in before the settlement is drawn up.
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
(11-25-2014, 10:22 PM)1171 Wrote: Legitimate Liens can't "pop up".
They are either on file with the court and delt with at the time of the approval or denied/rejected if filed late.
Comp law will not allow providers of comp treatment to bill the worker; it's either comp or other coverage.
If you are afraid some providers won't get paid or shorted, start contacting them to get their paperwork in before the settlement is drawn up.

Thanks 1171. That was my thinking too. I don't want to get burned further by settling and have these doctors looking to me for payment. I have paid out of pocket already for a significant portion of my care just to get treated. I just want this to really be final.

Would never go thru comp again. Just not worth the physical toll or the emotional. This has been the most horrible experience of my life.
 
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#6
Serious injuries seem too complex for our expensive convoluted, legalistic health care system--from my perspective it was designed by MBAs and lawyers to get maximum "grazing" rights to the "fodder" of the sick and injured with the blessings of the politicians.
Gobble you up and spit you to the side and move on to the next as they get fatter and fatter......
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
Sickoftheprocess, I am sorry for what you have been going through.

I agree with 1171, and have never seen an IW get stuck with any of the bills after a C&R. I would not worry about it.

I was thinking about you a few days ago, as I was reading an old post about the IMR process.

I wish you well.
I am not an attorney.Anything I write should not be considered legal advice.I am writing from my own personal experiences,which is not from any sort of legal background. You should consult with an attorney over legal issues. In California, if you cannot get an attorney you can consult with an I&A officer.
 
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#8
New info - preliminary negotiations still in the works. However, subsequent to this I received very favorable AME report for secondary injuries related to this claim. Thoughts on how to best leverage these new findings in settlement discussions?

I know that the AME reports and specialists IC sent me to are rating me at 18% on these issues but it could go either way in court if we were to litigate.

Any advice out there?
 
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#9
not sure why you think it could go either way with the court unless the AME is very "wishy washy" or unreliable in their opinion.
just add the value for these conditions to your settlement number; most negotiations will end up just splitting the difference anyway.
if there was any additional TD periods related to them, make sure to including those amounts.
if there was any third party payers or self-procured $$ for the medical treatment of those, make sure they are aware of the AME opinion and get their lien filed.
the higher you can drive their potential payout the more negotiation room you make for yourself.
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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#10
Do you have an attorney....as you mentioned AME?

I am not an attorney.Anything I write should not be considered legal advice.I am writing from my own personal experiences,which is not from any sort of legal background. You should consult with an attorney over legal issues. In California, if you cannot get an attorney you can consult with an I&A officer.
 
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