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court date coming up
06-29-2011, 12:31 AM
Post: #1
court date coming up
so i have a msc court date coming up in a week. My doctor already PMS me he gave me a 14% rating with future medical. anyways i got a letter a couple months ago from my claims adjuster lawyers and they said that my case was worth 20grand and if they wanted to they could send me see the QME and get a lower rating. they also said they were waiting for a supplemental report from the QME which they said they should have by june 16th (this was 3 months ago). I recently called the qme's office and asked them if they were finished with the the report and they told me that they never got a request for one. I was just wondering what are the chances of me going to court just for them to tell me that they want to send me back to see the QME because they don't agree with my doctors rating? or that they're waiting for a supplemental report. My case is going on almost 3 years ... so ****ing stressful. i'm going to be real pissed if they tell me i have to see the QME because i've been waiting for this court date for almost 6 months. i'm going to have to wait 3-5 months to see the qme then 1-2 months for his ****ing report then 3-6 months for another court date. i feel like my stomach is going burst from all this stress of just thinking about it. i know i'm just kind of rambling but i need to vent lol. they have all the doctors reports to close my case. my lawyer said that the defense lawyer even told them they wanted to settle already but who knows. i'm just too stressed thinking about waiting almost another year because they want to make me suffer more
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06-29-2011, 12:41 AM (This post was last modified: 06-29-2011 02:21 PM by 1171.)
Post: #2
RE: court date coming up
i'm not sure i understand your stress.
in california treatment is for lifetime so most cases last a long time.

an MSC is just a conference -- not a hearing or a trial so there will be no decision from the judge unless a settlement is submitted.
once there's been an MSC either party can schedule a hearing.

you should be getting permanent disability advances and medical treatment.
if you are not, then your atty should be filing for penalty.

if the carrier won't agree at the conference to 14%, then your atty should file for a hearing date afterwards.
once it's scheduled the ball is in their court and the clock is ticking....
you don't have to agree to a continuance or any more delays.
by that time most of your PD will be paid out anyway.
I doubt another QME will change the rating much and you can just split the difference if you want a buyout.
2 or 3% shouldn't get you stressed-- unless there are issues you have not mentioned......
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