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Questions?
#1
Hello,

Everyone I am new here but have been browsing threads for some time now. I am from the state of Louisiana. I have a settlement conference coming up in 3 months or so. This is not an enforce conference, but one everyone agreed to attend. Per my lawyer, I need an MSA. I believed my estimate might come in high, and WC won't want to settle. They knew before reaching out that this was something that was needed. My question is, has anyone settle with the outcome of a sizeable MSA. I am willing to give a little on my side to get out of this and move on with my life. Another question could I leave my medical open. Not that I want to, but I just wanted to know if this was an option. I would like to close it all, but I just don't know.
 
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#2
You should know that MSAs are not mandatory. You should be able to settle even if medicare won’t accept the carrier’s amount. It just means that Medicare could refuse to cover treatment for the work injury once the carrier’s medical settlement amount is exhausted.
https://www.workcompwire.com/2019/06/chr...-involved/

Technically yes, you could just accept the disability payments with open medical.
If you did that, what would you do in 5 yrs if they stopped?
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
(03-09-2020, 12:35 AM)1171 Wrote: You should know that MSAs are not mandatory. You should be able to settle even if medicare won’t accept the carrier’s amount. It just means that Medicare could refuse to cover treatment for the work injury once the carrier’s medical settlement amount is exhausted.
https://www.workcompwire.com/2019/06/chr...-involved/

Technically yes, you could just accept the disability payments with open medical.
If you did that, what would you do in 5 yrs if they stopped?

I have read that it is not mandatory. But most WC want it done to protect themselves. Right? I couldn't just say I don't care take the deal with what's offered for medical. I know leaving it medical open can be harmful down the road. I had my fair share of fights already over medical. What I am wondering is anyone on this site settled a claim with a High MSA before.
 
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#4
I too have a high MSA however I've learned that if the IC or your attorney doesn't submit it to Medicare, it becomes negotiated between parties ,it's not a guarantee amount, it seems like it's just a guess about the amount of medical needed. Medicare takes a long long to respond to an MSA from what I'm being told. 1171 and California_Help have given me such great advice on this forum.
Wish you luck !
 
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#5
(03-09-2020, 10:12 AM)Flipping fran Wrote: I too have a high MSA however I've learned that if the IC or your attorney doesn't submit it to Medicare, it becomes negotiated between parties ,it's not a guarantee amount, it seems like it's just a guess about the amount of medical needed. Medicare takes a long long to respond to an MSA from what I'm being told. 1171 and California_Help have given me such great advice on this forum.
Wish you luck !

I believe it will be a high amount for me also. They have a company working on an estimate. If you don't submit it to CMS don't you take the risk of them using your whole settlement as a figure for medical. I asked my lawyer about it and he said WC will want to submit it to protect themselves from Medicare in the future.
 
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#6
I don't seem to be able to log into my account from my laptop.
Keeps say wrong username and password.
Yet I'm logged in on cell phone.
Can anyone help info.
 
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#7
Hi, i, unsure about the whole msa guidelines, mine was done by a third party also. I feel like it's a guess at what future medical could be ,unfortunately I feel that it's a number that can be negotiated, because No IC wants to pay out large amounts. Plus once it submitted to CMS that number can of course go up higher. It's so confusing
Best of luck
 
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#8
Hello I have a question , I hope any of you guys can answer it , I live in NJ I was injured at work and was off for 2 weeks , I went back to work and I was getting paid TTD, I went back to work and was overpaid by 2 weeks , if I cash the check , will I need to repay them back ?
 
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#9
Probably.
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
A mandatory settlement hearing does NOT mean a settlement is mandatory. It's a very misleading name. From my experience it's more of a "case review" in front of a judge (I've had 2 and there has never even been a settlement discussed).

As far as medical open? Soooo many opinions on that. I've heard that if you leave medical open when you settle your treatment get's a bit smoother (no interruptions/fights over approved/necessary medical treatment) once the lawyers and the wc insurance adjuster are out of the way. That's why I plan to leave mine open.

Closing without medical? In CA this kind of settlement can only be offered by the insurance company. You can't demand it.Keep in mind that if you DO close medical (in CA) your medical ongoing costs are given a value. Let's say 50k for the rest of your life. That money isn't to go buy a car or payoff credit debt. You become the captain of your medical care. Any medical care related to your injury has to come out of that 50k (keep all receipts) because private insurance won't help with that injury until you provide 50k worth of related medical receipts.

I have heard of YEARS later insurance companies offering settlements to close medical so it's not even a choice you have to make NOW.
"Spread love everywhere you go." - Mother Teresa​
I am not a professional and I live in California. I've been in the system 93 months and counting so I've been around the block a couple of times.
 
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