Settlement

[pote2002]

It has been some time since I have posted, I read each of your comments almost daily, and appreciate all the help you have given me over the past couple of years, living in Ohio, injured in Kentucky, and are in their system..

I have been back to work (different company) now for four months, and still have the pain that most of us live with, mine being in my knee replacement and my leg, per the original injury in September of 2006.

I let my lawyer go after feeling that their wasn’t much assistant six months ago, and have been dealing with WC on my own, I just received a settlement offer that includes open medical, at a 20% ratting from the doctor, I was offered $40,000 over 200+ weeks, or $38,000 in a lump sum.

My question is, do I have any leverage to ask for more, or should I just take the money and get on with life. I understand the pay-out still needs to be approved by the judge, so is he/she looking out for my welfare, making sure I get the correct amount.

Did I just save $8,000 on a lawyer’s fee?

[sparkey]

I have a question as I too am doing this all on my own. I went for a IME and just got back the report. Instead of the origional 19% that my doctor who put me at MMI and did my PIR rating said, the IC asked that I had this IME done by their doctor of choice. Well of course the doctor apparently did not remember me as he put he saw me in his NH office when in fact he saw me at the hospital in Ma. He totally disagreed with the first doctor and put me at 10%. Offering 7,500.00.

Well, I too am confused now as i think it gets sent to the WC board and they look it over and make a decision. I do not know how long it takes for them to make one, or if they send me a letter after with what they agreed on. I was told it would include medical for life of the injury, but the IME did not mention that. Only the first doctor did. I would think because you hired a lawyer that you would have to pay him? Or did you work out something with him to not pay because he did not do his work? Did you get a letter offering you the settlement? And did you have a IME done because of your rating of 20%?

[hurt at work]

hello im hurt and thats up to you.do you think it should be more?you dont want to make them mad and not give you anything.so think about it long and hard once its done its done and your getting open med as well.that my oppinion only.do what you thinks rite you can try to up it but dont make them mad and they lower it or leave you with less.good luck

[hurt at work]

hi sparkey can you get another oppion?i would ask for one and why it was lower than the other dr set it at.nice to we you again.hurt.well read again lol.good luck my dear.

[Bummer Knees]

pote 2002

I am from Kansas and a total knee replacement is a rating of 50%-35% in my state.

I would think the amount offered to you for a settlement is low.

[pote2002]

sparkey Wrote:I have a question as I too am doing this all on my own. I went for a IME and just got back the report. Instead of the origional 19% that my doctor who put me at MMI and did my PIR rating said, the IC asked that I had this IME done by their doctor of choice. Well of course the doctor apparently did not remember me as he put he saw me in his NH office when in fact he saw me at the hospital in Ma. He totally disagreed with the first doctor and put me at 10%. Offering 7,500.00.

Well, I too am confused now as i think it gets sent to the WC board and they look it over and make a decision. I do not know how long it takes for them to make one, or if they send me a letter after with what they agreed on. I was told it would include medical for life of the injury, but the IME did not mention that. Only the first doctor did. I would think because you hired a lawyer that you would have to pay him? Or did you work out something with him to not pay because he did not do his work? Did you get a letter offering you the settlement? And did you have a IME done because of your rating of 20%?

I did contact a lawyer, and he had me obtain all my medical records at a cost of $125 out of my pocket, he then wanted me to give him the copies, he had nothing to do with me obtaining my TTD, he was just retained to help me settle this thing. He had no contact with my IC, I kept him out of the loop, by handling it directly with my IC. My doc issued my rating out of the "big book" I had no other test, and WC did agree with the rating. The offer is in writing and needs to approved by the judge, not sure if that helps

[sparkey]

Hi Hurt,


Thank you. Your a sweetheart. I would think I could get a second opinion but now i am stumped as to what happens next. My paperwork came to me as what the insurance co. sent the WC and now just waiting to hear something. I see my primary care next week but he does not want to get involved in WC. I do not see my PM doctor till the 30th. There really would be no arguement for her as it said pretty much what the doctors all said. I do not seem like a good candidate for surgery even though my EMG said i have " mild carpal tunnel " again. Now why would I have it again? Would they not want to repeat the surgery if i am in chronic pain?????

I would really need to have another doctor look at me and go over my records and give me another opinion, but maybe it would hurt me more than help me. I am starting to think to just get out of this whole dang system and really get help through my own insurance. If that is the only way to get help i will need to do that. I think the WC just does not want to pay for the surgery and that is why they are dragging this out and put me at MMI.

[nayenaye97]

I dont know if this will help you or not but I got hurt in KY also and its been 2 years ago I just turned my over to a laywer and he told me that the old Gov. of KY Paul Patton messed WC up everything is set in WC favor with the law I have a 20% total body disability of the rt arm and the Att. told me the most I will get will be $40,000 to $50,000. I hope this helps some. An good luck.