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My lawyer has filed a lawsuit against workers comp. The lawsuit is based on working comp not approving a couple of test/appointments with doctors. I am not sure what is to come of this or how long it takes. My lawyer stressed that the speed of it is dictated by the courts. It could end up at trial. I am just wondering what happens if it goes that far. Do they try and settle the case?
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11-16-2018, 12:26 PM
(This post was last modified: 11-16-2018, 12:41 PM by 1171.)
Workers compensation litigation is technically not a law suit as comp is a “ no fault” system. It’s more of a request for an interpretation of comp law when there is a dispute as to what is covered and what is not.
If I remember your last post, you were hoping for an opportunity to buy out the balance of your benefits?
Any legal action that will require a court appearance can be an reason to settle.
Whether the other party sees enough value in a settlement of course depends on the circumstance ; there is no universal behavior for all issues.
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I would rather settle so I can seek different types of treatment that I know they won't approve. They are fighting some more of the conventional approaches. I got two test approved recently but they were requested by there smo so he could complete his report. My lawyer said it was odd because he never saw a smo request more but agreed to do the test because they most likely will benefit me in the long run. The filing is due to them not approve me to see a psych doctor because I am dealing with bad depression and anxiety. But to get to the point I'm not o lets settle for just anything and I'm not in a rush. I would rather be back to who I was and have my life back than any amount of money.
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The psyche/emotional component is a very common complication in prolonged serious injury situations.
..and it can be a significant and difficult benefit to administer.
Expect the carrier to fight such a down turn in the claim’s management that will evntually generate a positive attempt to buyout your claim.
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11-16-2018, 12:59 PM
(This post was last modified: 11-16-2018, 12:59 PM by Gabriel's Dad.)
Right. I have also been having issues with my comp checks arriving late so my lawyer reached out about direct deposit. I called to talk to my lawyer, but he's out today. I asked his receptionist about it and he said they are speaking with the adjuster no more they are dealing with the attorney. Is that common?
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When court appearances are in the mix atty-to atty communication can be more productive. Whether it’s common in all states and all situations is beyond my knowledge.
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What is the reason they hand the case over to there attorney? The way the guy explained it to me is that we are no longer speaking to the adjuster and only with there attorney.
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11-17-2018, 03:29 PM
(This post was last modified: 11-17-2018, 03:34 PM by 1171.)
Maybe notice of the “law suit”.
I don’t want to mislead you; l never practiced workers compensation in Louisiana.
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I also think the same thing.
