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MSA. PD and C&R
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06-25-2012, 10:31 AM
Post: #11
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RE: MSA. PD and C&R
What I would like to find out how they calculate future medical. Do they consider age, future work if permantly disabled, present value of future dollars. Is there a table or a computer model to determine this? If so, where can I find it? I would like to know the correct numbers before negotiating with the DA/IC.
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06-25-2012, 10:31 AM
Post: #12
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RE: MSA. PD and C&R
What I would like to find out how they calculate future medical. Do they consider age, future work if permantly disabled, present value of future dollars. Is there a table or a computer model to determine this? If so, where can I find it? I would like to know the correct numbers before negotiating with the DA/IC.
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06-25-2012, 11:28 AM
(This post was last modified: 06-25-2012 11:34 AM by 1171.)
Post: #13
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RE: MSA. PD and C&R
(06-25-2012 10:31 AM)casual1 Wrote: What I would like to find out how they calculate future medical. Do they consider age, future work if permantly disabled, present value of future dollars. Is there a table or a computer model to determine this? If so, where can I find it? I would like to know the correct numbers before negotiating with the DA/IC. generally the doctors outline in their reports the likely future course of treatment. the adjusters/attys use their experience with other similar cases that have not settled to project usage over estimated lifespan. here's an online settlement evaluatior that may help http://www.settlementevaluator.com/ it also may help if you have an itemized list of what medical has already been paid. it'll let you know the cost of things like doctor visits, Rx, Xrays and MRIs, physical therapy, even potential surgeries and hospitalizations. if requested the carrier should provide a printout. they are trying to figure the potential cost of your claim to them if it does not settle -within a range of best case vs worst case with the middle of the range being the most realistic probable cost outcome if they have to keep the case and provide all benefits awarded by the comp court. |
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06-25-2012, 01:09 PM
Post: #14
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RE: MSA. PD and C&R
Thank you. So the IC performs this calculation, not the AA, or both? When the IC performs the C&R, can I get a copy of this settlement evaluator? I would like to perform this function. How do I calculate Date Calculator, what weeks should I put in? Is this the date when I was declared MMI by the Doctor or future estimated dates that I will never work? How is this determined. My injury started Nov 2005, MMI reached 17 March 2011 for upper extremities. Is there a book or something online or a phone number that would call to help me with these calculations?
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06-25-2012, 01:09 PM
Post: #15
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RE: MSA. PD and C&R
Thank you. So the IC performs this calculation, not the AA, or both? When the IC performs the C&R, can I get a copy of this settlement evaluator? I would like to perform this function. How do I calculate Date Calculator, what weeks should I put in? Is this the date when I was declared MMI by the Doctor or future estimated dates that I will never work? How is this determined. My injury started Nov 2005, MMI reached 17 March 2011 for upper extremities. Is there a book or something online or a phone number that would call to help me with these calculations?
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06-25-2012, 01:24 PM
(This post was last modified: 06-25-2012 01:25 PM by 1171.)
Post: #16
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RE: MSA. PD and C&R
each side values the case from there own perspective. each has different information, different experience, and makes different assumptions.
generally how you calculate the value of your case is not shared with who you are trying to negotiate with. there is no one way to predict or place a value on the future. PD is calculated from the last day of TTD or MMI whichever is earlier. there is no standard way of valuing a claim; everyone has their own method of answering the basic questions of what is the case worth -especially when you are trying to include things like administrative costs and possible penalties, business needs, and other intangibles. |
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06-25-2012, 04:31 PM
Post: #17
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RE: MSA. PD and C&R
Im going back to the library to get Christopher Balls book on WC to see if I can figure out future medical benefits. It would be good to know going into negotiations, before the C&R is released by the IC. My AA stated she was going to do the C&R. I just received a check today for PD, the same check that was due in 2008. My AA is getting upset again that Im asking her questions regarding my claim. I thought that is what she is getting paid for, to help me finalize my case, to get a fair settlement?
All that I ask is what is the total C&R $ and how is this determined (data models), want to see how this number is derived. I also want to know when the C&R will be prepared. Is this asking to much? |
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06-25-2012, 04:31 PM
Post: #18
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RE: MSA. PD and C&R
Im going back to the library to get Christopher Balls book on WC to see if I can figure out future medical benefits. It would be good to know going into negotiations, before the C&R is released by the IC. My AA stated she was going to do the C&R. I just received a check today for PD, the same check that was due in 2008. My AA is getting upset again that Im asking her questions regarding my claim. I thought that is what she is getting paid for, to help me finalize my case, to get a fair settlement?
All that I ask is what is the total C&R $ and how is this determined (data models), want to see how this number is derived. I also want to know when the C&R will be prepared. Is this asking to much? |
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06-25-2012, 04:46 PM
(This post was last modified: 06-25-2012 04:49 PM by 1171.)
Post: #19
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RE: MSA. PD and C&R
(06-25-2012 04:31 PM)casual1 Wrote: Im going back to the library to get Christopher Balls book on WC to see if I can figure out future medical benefits. It would be good to know going into negotiations, before the C&R is released by the IC. My AA stated she was going to do the C&R. I just received a check today for PD, the same check that was due in 2008. My AA is getting upset again that Im asking her questions regarding my claim. I thought that is what she is getting paid for, to help me finalize my case, to get a fair settlement? no, she's not she not paid to help you finalize. she does the negotiation and finalization. attys aren't setup to teach settlement analysis and evaluation or explain more then the basics. they get a minimal amount to handle the whole thing. yes, you are requiring too much detail. be careful... you'll incentivize her to make whatever deal she can get to get you off her back and out of her office. ---part of the intangibles each side factors in when deciding whether to accept a deal. unless you are going to represent yourself, you trust your atty with the details. |
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06-25-2012, 08:05 PM
(This post was last modified: 06-25-2012 08:05 PM by casual1.)
Post: #20
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RE: MSA. PD and C&R
I will just let the AA get things settled and then move on.
I have always performed by the golden rule "Trust, but verify". All that I request is the bottom line number, I can figure out the details. I have yet to get this number. I understand the fee is small, so spending a lot time on my case is not the AA's priority. There is an attend an adequacy hearing before the judge signed the C&A. He will make sure the numbers are correct. Thank you. |
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