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1st offer / Lump sum settlement
#11
Obviously a lump sum is worth more than a biweekly payment. As I understand the math, your weekly rate would drop to $45.59 as soon as you return to work, so the only way you are going to get all of the money is if you do not return to work until 8/22/2023. If you were to return to work tomorrow, the most you are going to get is $20,061.10, so there initial offer of a lump sum of $68,541.00 does not sound to me like an unreasonable starting point. However, I am not licensed to practice in your state, so as others have said, you would be better off having a local lawyer negotiate your settlement.
Timothy D. Belt
DISCLAIMER: This post is intended as general information applicable only to the state of Pennsylvania. The answer given is based only on the facts provided. This post is not intended to create an attorney client relationship, or to provide any specific guarantee of confidentiality.
 
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#12
Actually waiting for a local WC attorney to send his retainer contract tomorrow. Does anyone know if I can be forced into a independent medical exam even though I have already received this PPD letter from my WC adjuster?
 
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#13
you can't be forced but they can petition the court to suspend benefits until you allow a medical exam.
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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#14
They can petition the courts, and demand that you attend, or ALL benefits can and will be stopped. Been through that before.

If your getting ready to hire an att. contact the other side, and notify them of this, and I don't know how it works, where your from, but in CA. the att. can get what's called an agreed medical examiner. This is where the board issues 3 doctors. they throw one out, your att. throws one out, and the one left is the one you go to. But, both sides have to agree to the report.

Any time a medical issue arises they CA/DA can ask that you be examined by a doctor. If you refuse, all benefits can/will stop, until you comply.

If the judge orders this, you have 10 day's to object, and present your argument to the judge. Been through that too.

I had an att. he agreed to an ame exam. I went to the doctor, and did not agree with his report. My att. did. I fired him, and filed for court. went to court told the judge, I never agreed to this doctor, the att. did. I don't agree with his report, they said this is doctor shopping, I said he didn't rate upper extremities. Judge said he would make decision and let us know by mail. I was ordered to return to ame I have 10 day's to object, which I did. went back to judge, and it was agreed that if I didn't agree to ame report, I could get a new pqme panel. I did not agree with his report, (he said it was impossible to rate upper extremities) and did not elaborate. I used this report in court, and the judge agreed with me, so a new panel was issued. I went to the PQME, and he said he couldn't rate upper extremities, now the defense att. sent both reports to deu to be rated, I sent letter to deu objecting to the reports being rated at this time, do to the fact that the reports contradict each other, and that the upper extremities were not rated. The deu agreed with me, and issued their report, saying the reports were incomplete and can not be rated. I then then was contacted by the defense att. saying they have set appt. with ame to rate upper extremities, I couldn't believe it. I asked for a new panel. They set appointment with ame, I filed for court. Went back to to judge, and the judge agreed with me, will get new panel. Contacted the board, they said no, have to use one of the 2 remaining pqme's on the list. I sent order from judge granting new pqme. they then agreed, sent form, I put the wrong 3 letters, got sent the wrong panel of doctors. contacted the board, they refused to issue new panel, had to speak with supervisor, who agreed that I could get a new panel, but had to go to I@A officer, and met with defense att, there, and sign papers agreeing that both sides are o.k. with changing panel, and was issued new panel.

Needless to say, you never know what's going to happen in this mad workers comp system. but one thing I have learned, is never stop fighting.
 
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#15
SO I got an an official offer yesterday. It was $50k and no future medical. Of course I rejected that offer. I counter offered $125k and future medical for life. Waiting to hear back from them next week. I heard I can ask for money up front to pay bills I have acquired since being out of work. Any ideas of how I can do that?
 
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#16
that link was in my first reply.
I'll be surprised if they make another offer.

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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#17
The difference is ppd vrs ptd, obviously at some point if he is ppd he could return to some kind of work. And if it were ptd he could never work again . By the sounds of the letter he collected ppd payments while not working if this wasn't the case he would have been able to get back pay. Since he was getting ppd and is up to date he gets it in payments calculated for such payments. This doesn't mean you cant request 10,20 or maybe even 30,000 up front.
.
 
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#18
So I got a letter and retainer contract from a local WC attorney. The lawyer wants a 1/3 of my settlement, plus expenses even if he can't get me more money than what has been offered. I am not ok with that. Since I last posted here I have been made a final offer of $88k and no future medical. I rejected that offer. I made a final offer of my own of $100k and no future medical and I have not received a response back from them. I think they are just blowing me off, which is ok. I am ok with receiving my bi-weekly payments for the next 8 years, plus I don't have to give up the future medical. If they agreed to the $100k I would go through with the deal just to set myself financially right. Which brings me to my question. I heard or read that I can request money for bills acquired since the injury. How do I do this and how much can I request? Thanks for all your replies!
 
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#19
1171 Already answered my question. I went back and read previous post. Thanks 1171. Anything I should know before filing this request?
 
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#20
since you are not represented you should contact the ombudsman for more detailed help:
http://www.workerscomp.state.nm.us/pdf/W...rogram.pdf

generally these petitions are filed at the time the parties are submitting an agreement on the amount of the permanent disability.

in general you should always ask for whatever you have documentation for and let the court decide what will be approved. if you are not working they are much stricter about allowing early payouts.

if you are thinking about retaining an atty later on there is a caution: whatever you get upfront will reduce the overall future disability payout and as the disability amount drops so will the interest and availability of lawyers willing to represent you.
lawyering is a business and generally the bigger the settlement the more attractive your claim will be to potential attys.
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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