Mediation

[ammowoman]

We go to mediation in a month. It will not be settled. We have expected it to go to trial and since the lawyer is claiming PTD we expect a fight. His first mediation was scheduled a year ago so we expect this one to go as planned. Time for me to start gathering all the knowledge I can. My husband is on SSDI now so I guess a MSA will be needed. I know the lawyers will be doing all the talking. The attorney told him at least they will get to see how bad off he is. Im guessing he means the limp and how he now 'scoots' when he walks like someone 30 yrs older than his age.

His claim has gone smooth in the workers comp world. Nothing has ever been denied but he also hasn't needed treatment other than meds. Our personal insurance has covered all the depression and anxiety meds. We plan on leaving medical open as well. Since approved for SSDI I dont know if that will change anything.

Quick refresher on his claim...
Crushed at work 10/10, reached MMI 4/11 and fired 2 days later, IME was 65% whole body rating without the psych portion (he did go to a Dr for that rating but I forgot to ask lawyer what it was), he hasnt received any money from the IC since 12/10. Approved for SSDI from date of accident. Third party claim has been filed as well. I believe the main issue they will dispute is the PTD. I do believe our attorney did a excellent job in proving his case. He doesnt expect them to settle and has already
said he will need to get depositions so he plans to go to trial.

I was just wondering what to expect, if anything. Any advise or info is appreciated. Let me add, we do trust our attorney and he is excellent! I know there are several IW's who arent so fortunate.

[jayne]

you are a great advocate for your husband.

[1171]

be prepared for them to put surveillance on your husband. before they give in to PTD they'll want to make sure there is no scam.
an MSA is only likely if your husband buysout his medical.
since treatment is not the greatest expense they may just want to make periodic disability payments and keep the medical open.

[ammowoman]

Jayne thank you. I have had my moments. I dont think anyone can just sit back as a loved one is treated as if they're disposable and that they dont matter.

Surveillance is welcome. They will see nothing but the truth. They will get a lot of video of me or my son doing everything.

I'm not sure what periodic disability payments mean. We really havent discussed money or amounts. I figure total is more than partial but thats the extent of what I know. If it means they will make payments for what is agreed on or ordered...I'm not sure my husband would agree to that, if given a choice. Are periodic payments common? I may need to warn him its possible.

[1171]

(04-13-2012 06:44 PM)ammowoman Wrote:  Jayne thank you. I have had my moments. I dont think anyone can just sit back as a loved one is treated as if they're disposable and that they dont matter.

Surveillance is welcome. They will see nothing but the truth. They will get a lot of video of me or my son doing everything.

I'm not sure what periodic disability payments mean. We really havent discussed money or amounts. I figure total is more than partial but thats the extent of what I know. If it means they will make payments for what is agreed on or ordered...I'm not sure my husband would agree to that, if given a choice. Are periodic payments common? I may need to warn him its possible.

more common for permanent total; permanent partial is often a lump sum.