Settlement Offer In the State Of Kansas

[markshawnee08]

Hello all,

I have been in the WC system for not so long, but long enough. Last July 11', injured my back at work, herniated 2 discs in my lower back. Have been through the physical therp., injections, MRI's, 2 sep. IC IME's, my att. IME, and have seen 3 surgeons. All boils down that they cannot due surgery because it will make me worse according to all the surgeons. My att. IME gave me a 25% whole body, the IC surgeon gave me a 5%. The IC doc, had me at MMI last October. Then the IC stopped treating me totally. They would not authorize even a doc. visit to help with the pain. My att. finally me to his IME Doc, and a hearing scheduled in Jan. of this year. The hearing is tomorrow to get the IC to send me to a pain MGT doc. Just last week, the IC had me do another IME, and this doctor almost wrote word for word what my Atty. Doc said. Which I am sure upset the IC. After receiving the report today, the IC atty. called mine and said they are willing to allow me to get a spine stim. or a pain pump put in, and we do not have to go to court tomorrow. Well as crappy as this IC has been, I do not want to see their docs. I have already checked out and budgeted out the cost for a pain pump for the next 30 years, "If I live this long". So my atty. said we are still going to court because they have dragged me through hell and would not allow me to see a doc. Then the IC attorney called back and wants a number to settle. We had already sent in a demand letter last month with a number. Enough to cover me for pain mgt. I realize that future medical is never enough and is not a going to cover all the issues, but I just can not see having to report the this horrible IC for the rest of my life.

My question, does anyone have any experience with pain pumps in their back. I know, no one can say, $xxxx, amount of dollars will cover all of this, but if someone has had a situation like mine and seattled, what round figure did you seattle at to cover medical expenses? I am age 43, and hope to live 30 more years. Plus I am thinking about NOT seattling, as I do not really know what may happen in the future. I have never received a dime from the IC, as I was put on light duty at work and my hours were cut. Is there any amount of lost wages that I should ask for?

Sorry for all the dumb questions, I am just nervous at this point.

Thanks

[1171]

talk to an insurance broker about buying health insurance.
that'll give you a ball park figure for what treatment is worth.

your future disability benefits are based on your impairment level. you need a rating from the doctors to determine how much you are entitled to (max is 415 weeks)
more on comp benefits in Kansas:
http://www.leginfo.ca.gov/cgi-bin/displa...600-4614.1

[markshawnee08]

That is a great idea. I spoke to a family member who is a insurance agent, but not a medical broker, and went on my own dime to 2 doctors ( Pain management) to come up with a number for treatments. They ranged between 250k to 300k. The demand letter fell in that range.

I thought my future disability was based on the number between the 5% and the 2 doctors 25% whole body rating, whatever is settled on? I guess I am not understanding the difference between impairment level and the rating? Thanks for your advise though.

[1171]

(03-07-2012 09:45 PM)markshawnee08 Wrote:  That is a great idea. I spoke to a family member who is a insurance agent, but not a medical broker, and went on my own dime to 2 doctors ( Pain management) to come up with a number for treatments. They ranged between 250k to 300k. The demand letter fell in that range.

I thought my future disability was based on the number between the 5% and the 2 doctors 25% whole body rating, whatever is settled on? I guess I am not understanding the difference between impairment level and the rating? Thanks for your advise though.

you're correct. I jelled on the ratings in your post.
so they'll look at including payments in the 15% range.

[Bummer Knees]

Hi Mark

I am also from Kansas. the Wichita area. The insurance company your employer has is one of the most difficult to deal with according to my attorney.

In Kansas they will look at all the ratings from different doctors and average them at settlement time.

Good luck.

[markshawnee08]

Well the IC canceled the hearing, as they agreed to allow me to see whatever doctor my Atty. chooses. It appears the IME the IC sent me on did not work out well for them, since their doctor agreed with mine. Since this happened the IC wants to settle this case at 15% TD and offer 185K future medical. I have done the math and although this seems to be a bunch of money it really is not. I have to make my mind up if this is what I want to do, then take issues into my own hands. It appears they want no other hearings or depos's at all, they just want rid of me due to my injuries being so serious. I was actually surprised ****edited by admin - no names used**** even offered to settle and for so much, considering their rep. as a hard to deal with IC. I am just glad to be out from under the WC umbrella.

[Bummer Knees]

mark think again about cashing out your future medical. You will never be able to obtain health insurance for your work comp injury.

Once you go thru the 185K you are out of luck.

There was an earlier thread on this board about a worker wanting to settle and cash out their medical at settlement time, might be of help it you read that thread.

I will see if I can post the link to the thread.
http://www.workerscompensation.com/forum...?tid=13441