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1171 you were right-cant reopen case
#1
Hi 1171:  After talking with my attorney's paralegal, it has been determined that my attorney "NEVER" told me of the timeline in regards to "Re-Opening" my case.  At the time of settlement,  my case was already 6 yrs and 10 months old... which mean that the 5 year mark for reopening had exhausted.  I have looked all over my paperwork, a box full of medical records and a box and binder of legal papers and no where had my attorney ever told me about this... Also he never told me I could have filed a civil claim against the hospital I worked for... I just found this out while reading on this site...  I feel very betrayed... At the of settlement, at the courthouse hall way, he told me take the money, this is the best offer you will get... lifetime medical, Stip/C&R plus $10,000 for outstanding medical bills.  A friend reopened her case after 7 yrs and received lifetime medical, plus $650,000 cash for whatever... but i think its suppose to be for medical expenses but she thinks its just free cash.
Now, I have to go back to work.  I can't afford to live on SSDI & the annuity from work comp.  My doctors are livid but I can't afford it.  With a house payment on my own, property taxes going up, and living expenses, I've wiped out my 401k.
Question: How will this affect my work comp by me returning to work against DR orders? DO I have to contact W/C? I know with SSDI you have to tell them right?  SSDI website says you have 9 months of a trial period 
ANY Suggestions/ words of wisdom will be greatly appreciated! Sad
Babebahn..."Tongues don't have erasers"
Injured 1999 3 level anterior cervical fusion 2001
Settled Work Comp Case 2006 w/ Lifetime Medical Currently, C7-T1 is being watched will possibly need surgery front/back fusion from C3-T2, lower back needs another facet injection.
 
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#2
You are free and clear to work. comp expects those with permanent partial disability to have to work. you don't need to notify them.
of course, if there is a new injury then there would also be a new claim.
I'm not sure of the basis for a civil claim against the hospital but in general you would have to reimburse the comp carrier for all their payments out of any recovery from their liability carrier.  often times the difference isn't substantial.

I'm sorry you believe you missed out on a better outcome. you really can't compare different cases with different evidence and circumstances. I do know that those that opted for open medical are often frustrated with the review process that controls all the future treatment decisions.

I wish we could have helped you before your settlement decision. your current situation is another reason why workers need to use every resource including the message boards to get information. comp laws are complicated and with a serious injury it's difficult to navigate alone.
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.
 
Reply
#3
You are free and clear to work. comp expects those with permanent partial disability to have to work. you don't need to notify them.
of course, if there is a new injury then there would also be a new claim.
I'm not sure of the basis for a civil claim against the hospital but in general you would have to reimburse the comp carrier for all their payments out of any recovery from their liability carrier.  often times the difference isn't substantial.

I'm sorry you believe you missed out on a better outcome. you really can't compare different cases with different evidence and circumstances. I do know that those that opted for open medical are often frustrated with the review process that controls all the future treatment decisions.

I wish we could have helped you before your settlement decision. your current situation is another reason why workers need to use every resource including the message boards to get information. comp laws are complicated and with a serious injury it's difficult to navigate alone.
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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