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1st court hearing Feb 3rd 2010
#11
Guess the whole thing just boggles my mind even tho i know now there are differences between.. Ok so today.. I get a call from a Vocational Rehab Specialist hired by the Ins Company set for the first part of the year. The lady I spoke with was/seemed to be very nice as I was polite in return. She respected the fact that I lived in Michigan and offered to do the interview over the phone and not make me drive all the way to Wisconsin, I plan to be 100% honest with her but I will not let my guard down either. I'm glad that I am writting this all here because I would nothave thought of one exteremly important question. Thoughts/advice/opinions on this would be GREAT.... 1: Does she have the IME reports or any other Doctor notes?
2: If she does have a copy of the IME report and she asks about the thoracic area (which is not being filed until after this case is settled) how do I answer? I mean she is hired by the Ins Co and if she asks about that area can she legally inform the Ins about another claim being filed after the 1st one is settled? Is this a conversation that should be recorded if able to do so?? ok got those questions wrote down as well to ask my attorney too. Everyone done Holiday shopping??
 
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#12
Hummm, it is my opinion that the IC (insurance Carrier) is well aware that you no longer live in Wis. but now in Mich. Being that is so, the IC should be providing you with Voc Rehab, from your current State you know live in. You don't need to transport back to Wis for this.

Another thing is, you should confer with your attorney first, and ask that the very first Voc Rehab meeting be set-up in the attorney's office. This is to make sure every report get to them, and to make sure the guidelines are proper and everything hashed out with them, you, and the attorney. This is the first step.

Yes, they have all your medical records, and IME reports, if the IC had sent them to these people. IME; this report and doctor was paid for by the IC. The IC knows what is on the report already. In fact they knew before you and your attorney knew. So again the Voc Rehab people could possibly have this.

If, and only if, the Throacic isn't listed as an injury, or a claim filed on it. The Voc rehab, and the IC then could care less if this bothering you. Why, because it isn't on your list as injury being treated. All they will work with is what is being taken care of now, that is listed as your injury nothing else till it is added on.

Makes little sense though, to settle one, without listing all your injured parts first, then settle them all together. This concerns me as why not have these body parts added in now, instead of playing games with them at a later date. I'm confused, or I smell a rat for an attorney. I know, your going to ask about the Rat part; This is, if attorney settles current claim, they attorney gets their percentage, and their really done with you. But, if the other injured parts are listed now, the attorney has more work to do, and can't just get that quick money, and must wait longer for the total settlement. Scary huh... So, if part 1 is settled, who is to say attorney will keep their word, and go for the other body parts injured at a later date, or will they leave you hanging? You have nothing in writing from the attorney binding them to these add on injury issues if you settle the first part. Attorney wont give you nothing in writting neither to support a binding contract for the later add-on injuries. Be in full caution mode. I don't like this.... And I never heard of settleing one case first, just so another can be add-on later. The whole case would have to be Re-opened to add more on after settlement, which makes very little sense. I hope your seeing the picture i am laying out for you. That is unless you can add something to change the picture I'm seeing from my end?
Reply's are intended solely for informational purposes. They are based on personal opinions, experience, or research and are "not to be taken as fact or legal advice", otherwise, always consult an attorney or a doctor.
 
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#13
BBBB - thank you for the reply. when i spoke with my attorney the other day i asked him about what the plan was for adding the thoracic to the claim and his response was " after we settle the first claim we will file the second claim for the thoracic back, because we are to close to the court date and if we added the thoracic part onto the exsisting claim it would cause a cancellation in the court hearing because i have just begun treatment... At this point and time the Ins has not paid anything since March of 2005. My neurosurgeon at the time of the incident was more concerned about the lower back then the thoracic area because at that point and time i was having more problems regarding the lower back. i do understand what your saying and can understand why you said it. I wouldnt mind settling the case with all body parts included but if we are unable to settle I am at least hoping that my attorney can get me my medical and weekly payments restored. I dont understsand what you mean by guidelines.. The first Vocational Rehab appt i had was set up by my attorney and now the IC has set one up as well. the 1st one was done over the phone as so will the second one since she works in Wisconsin. Now you mentioned something about settling them all together. Well my question for that is this. Say we add the additional injuries now and not after that would affect my court hearing in Feb since come the time of the hearing i would not be at MMI. And it is my understanding that to beable to settle a case the injured worker has to be at MMI ?
 
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#14
That is my point you missed. If your being medically treated now, and it is being paid for, What is the Hearing for then? For maybe TTD or something?

Again I say, Voc Rehab should be done in the State you now live, buy an outfit in your now State, not another State you don't live. Attorney should have taken care of that by now, and not allow it.

Again I say, something is fishy. For you have no Binder stating your Attorney will settle and then re-open your case to add other body parts injured. This is crazy. You add them all, get treated for them all, their all listed, then when healed, MMI and then settle. I say put the CAUTION FLAGS up now.

The IC doesn't need to wait for MMI to try and settle a case neither.
Reply's are intended solely for informational purposes. They are based on personal opinions, experience, or research and are "not to be taken as fact or legal advice", otherwise, always consult an attorney or a doctor.
 
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