UPDATE ON MY CASE THAT WAS APPEALED! - Printable Version
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UPDATE ON MY CASE THAT WAS APPEALED! - Wink - 05-08-2007 06:56 PM
As some of you may recall, it was ultimately decided via Discography and CT Scan that I have two degenerative discs @L4/5, L5, S1 with pain radiating down my extremities.Ã‚Â Ã‚Â My own doctor recommended that I opt out of surgery--honestly citing that I would be worse off afterwards.Ã‚Â Ã‚Â I'll post his Recommendations to the Commissioner later.Ã‚Â Ã‚Â To make a long story short, it all came down to a Hearing--so my attorney filed for such, asking the Commissioner to decide my case. The Commissioner decided in my favor and awarded me Permanent Total Disability with the maximum 500 weeks x the sum of my weekly TTD checks, plus Future Medicals. Well, as I related months ago, the attorney for the IC appealed that decision to the High Commission. The Decision on that appeal is finally in: The Commission unanimously upheld the decision of the Single Commissioner.Ã‚Â Ã‚Â In other words I won the appeal.Ã‚Â Ã‚Â The order is now law and can only be reversed if there is an error of law, abuse of discretion or it is deemed wholly arbitrary.Ã‚Â Ã‚Â Almost a zero percent chance of something like that happening, according to my attorney.Ã‚Â Ã‚Â I now have the upper hand in negotiations.Ã‚Â Ã‚Â I'm now considering whether I want workersÃ¢â‚¬â„¢ comp to remain in charge of my future medical care, or whether I would rather negotiate for payment of future medical care (Lump Sum it).
After all I've been through, (and most of you know that I barely complained about my troubles) I cannot help but feel vindicated--especially after the IC attorney told us (just before the 1st Hearing started) that, "We're not offering one dime to settle anything."Ã‚Â Ã‚Â Thinking back on such arrogance...the little boy in me now has a BIG GRIN on his face and wishes to display to the IC and their attorney a little "affection" here!Sometimes I just can't help myself!!!
RE: UPDATE ON MY CASE THAT WAS APPEALED! - jayne - 05-08-2007 06:57 PM
ahhhhhhhhhh winky I am so proud for you and of you
RE: UPDATE ON MY CASE THAT WAS APPEALED! - tweety00 - 05-08-2007 07:01 PM
are you the one who got to go with own insurance?
Hey (w/c adjuster) that picture is for you tooo ...... but mine arent that cute .... mine so giggle a bit but throw in a few more wrinkles ...
Feelsgood to vent lol
RE: UPDATE ON MY CASE THAT WAS APPEALED! - grundig - 05-08-2007 07:06 PM
Thats why I fought the way I did,,,,(however some people didn,t agree with it) CONGRATS Wink,,,, Keep on fighting for your right,s.
It doesn,t exactly get you cured,back to employment,Good Finances,,,,,but it sure makes you feel more comftable.
RE: UPDATE ON MY CASE THAT WAS APPEALED! - sweetiepie59 - 05-08-2007 07:11 PM
tweety00 Wrote:wink congrats
RE: UPDATE ON MY CASE THAT WAS APPEALED! - Guest - 05-08-2007 07:13 PM
RE: UPDATE ON MY CASE THAT WAS APPEALED! - red1030 - 05-08-2007 07:23 PM
Wink, your post was the first time I have read any of this to my husband. He was grining from ear to ear when her heard your story...then when he say the smilley...I thought he was going to roll on the floor laughing. He said to say, he is very happy for you Wink. I am too...this is wonderful....it appears you have the upper hand now...way to go.
RE: UPDATE ON MY CASE THAT WAS APPEALED! - Dallas307 - 05-08-2007 07:26 PM
Congrats! wink you rock!
RE: UPDATE ON MY CASE THAT WAS APPEALED! - Bad Boy Bad Boy - 05-08-2007 07:39 PM
Wink, I think this such great news for you. Now future Medical. Gosh Wink, with-out knowing the full in's and out's of that from a legal stand point, you need to find out more on this issue. I once said, some States require you be seen and evaluated by a Doctor every so many days, where as others don't. Others might be months, Then as you well know, the Stips in the Future medical that has yet to be seen writen. This makes it Attorney time and question time there. Only for your better. I want to answer, but truely I would be making sonmething up. You know how I feel about futrue medical, I don't want the IC in control of me anymore. So you know what the call is for myself only. As you know, some day, surgery will most likely be done, then again I don't know. Depends on your quality of life with what you have.
RE: UPDATE ON MY CASE THAT WAS APPEALED! - chrischris - 05-08-2007 09:26 PM
Ã‚Â Ã‚Â Cheers!
I'm happy for you Wink.Ã‚Â Ã‚Â I know you worked hard for this outcome.