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settled but confusing
#1
Hi all, haven't posted in awhile but been reading daily. Just wanted to update as to where I am. I was to go for my second benefit review tomorrow, yesterday I called attorney's office to see if it was still on and was told yes. Less than 1 hour later my attorney calls me and tells me he has good news that I do not have to go to the meeting now. They settled, I was not even involved in the negotiations. Anyway's they did use the multiplier of 4 so that did help. It was not near what I we first talked about. A little disappointed as this is lifetime pain I will endure. I know workers comp does not pay for pain & suffering. In a way I am glad it is nearly over. I have one more step to do and that is to go before the judge for the final approval. Attorney said that should be pretty quick. I told him I would be out of town the week of the 4th and he said that it should be before that.
I did not get to tell the attorney that I am getting statements in the mail where they have not paid my medical in 8 months now, so he is unaware of that. I thought that I was supposed to be included in on the negotiating part so I could agree or not but it was all done without me.
As for the medical it cannot be settled for 3 years. There was an error in my comp rate. They did not do my gross wages but had done my net wages the whole time I received TTD. So I do not even know if they will back pay on that or anything. My settlement will be based on the correct comp rate now. Anyway I just wanted to let you all know.
Thank all for being here and listening to me and giving advice, you all are wonderful people here.
 
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#2
I wonder how he settled without your approval and I would call him back and ask him about all the medical bills you are still getting that are unpaid and the back TTD that was paid incorrectly
 
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#3
he has to have your approval to settle on any amount so make sure that you ask those questions and take along the unpaid biills too
 
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#4
Hi Deby,
You are in my prayers & hope you get this all out of the way soonSmile
Lilly
Injured worker, & tired of it all! I'm too old for games!!

A careless word may kindle strife, a cruel word may wreck a life, a timely word may level stress, and a loving word may heal and bless!
 
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#5
Rolleyes 
By law, at least in Nebraska, you have to give your approval on any settlement talks. In my case yesterday when I was in the negotiation phase of my settlement I told my attorney what I would like to have and told him to take them to their maximum. He did just that. He settled for me, and I was pleased with it. He gave me the option of denying their offer anyway...in the event I wanted to go to trial today! I didn't and he got them to about $5K less than what I told him my minimum was. That's ok though...I knew it would be a stretch of unbelievable magnitude to get them to where I wanted them to be! I had the formula that they were using and I knew what the judge would grant me. We settled for more than what the judge would have given me, so that's a good thing!! It makes me feel like I won!!

As far as medical, they don't leave medical open in Nebraska. So that wasn't an issue. And I wouldn't have wanted it left open if it meant I had to get approval each time I went to the Dr. and be told that I had to see this Dr. vs the Dr. I had chosen! There's many things involved when leaving medical open and having to deal with WC after you've settled in Nebraska. NOT something I wanted to have to deal with. To me, it would have felt as if I hadn't accomplished anything in settling because I would still be under their thumb!!

It's all very confusing...from the start clear down to the last word of the settlement agreement!!! You have to pick up WC jargin in a hurry or you'll get walked all over...and it keeps evolving with each new step you take in your journey!! I'm just happy that I've settled, along with all the rest of you that have done so, and glad to know that it won't be long before it's all over with and I can live my life the way I want!!
Punk   :0)
"If I were any better....I'd only be half as good as you!!"
 
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#6
I was told by several people that they cannot just settle without my approval. So maybe the whole phone call thing was his way of getting my approval as when he told me they settled without going to court, the first word out of my mouth was wonderful, I am so glad for it to be over. Then he proceeded to give me the statistics on it. I will call him back and see about the medical statements I keep getting and the back pay. I probably will not get anywhere as I have one of these attorneys that you never can reach. Lucky if I get his paralegal on the phone. I am pretty blind sighted when it comes to all this stuff. Haven't a clue about what I really should be getting or should be doing.
Finding a job will be very difficult for me as for the restrictions put on me.
Medical here in Tennessee cannot be closed for 3 years, I think that is for body as whole as in my case. Does anyone know what that means after 3 years. What does closing the medical part mean? I was told that if we were closing the medical then my settlement would of been higher as they would have included that in settlement. Will there be another settlement for that later as I will have this problem for life and eventually need surgery down the road.
Thanks all
 
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#7
debysu47 Wrote:I was told by several people that they cannot just settle without my approval. So maybe the whole phone call thing was his way of getting my approval as when he told me they settled without going to court, the first word out  of my mouth was wonderful, I am so glad for it to be over. Then he proceeded to give me the statistics on it. I will call him back and see about the medical statements I keep getting and the back pay. I probably will not get anywhere as I have one of these attorneys that you never can reach. Lucky if I get his paralegal on the phone. I am pretty blind sighted when it comes to all this stuff. Haven't a clue about what I really should be getting or should be doing.
Finding a job will be very difficult for me as for the restrictions put on me.
Medical here in Tennessee cannot be closed for 3 years, I think that is for body as whole as in my case. Does anyone know what that means after 3 years. What does closing the medical part mean? I was told that if we were closing the medical then my settlement would of been higher as they would have included that in settlement. Will there be another settlement for that later as I will have this problem for life and eventually need surgery down the road.
Thanks all

Hi there

I am not sure about your state and laws, but in CA. it means that if you have any problems from your injury you can file another claim. Or you can sell it to them your choice.
 
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