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1st offer / Lump sum settlement
#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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Messages In This Thread
RE: 1st offer / Lump sum settlement - 1171 - 04-21-2015, 08:07 PM
RE: 1st offer / Lump sum settlement - 1171 - 04-21-2015, 10:44 PM
RE: 1st offer / Lump sum settlement - 1171 - 04-23-2015, 11:59 PM
RE: 1st offer / Lump sum settlement - dolphins - 04-24-2015, 12:14 PM
RE: 1st offer / Lump sum settlement - 1171 - 04-25-2015, 01:56 PM
RE: 1st offer / Lump sum settlement - 1171 - 05-01-2015, 02:05 PM

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