MSA. PD and C&R

[hurt back]

I agree with 1171 100%, you should get an attorney to assist you in this. You need to realize they are going to " push " this thru to get it done as cheap and fast as possible. And like he stated before the more you call them the faster they want to part ways with you.. Hire an attorney, most charge 20% of your settlement, which is a small fee compared to what you could be losing by not having one. Plus why not have someone to represent you, because they have attorneys representing them!!!

I hope all works out for you.

[casual1]

The frustrating part is that this case drags on for years and counting. The MSA has 6 requirements. None of the requirements are met in this case, so no MSA is required or needed or necessary. The AA can provide the IC with SS letter showing SSA monthly benefits and Medicare entitlement dates in order to get this C&R prepared, finalized and case settled.
Instead, the IC wants a MSA performed by an outside carrier before the C&R is performed. If 1 of the 6 criteria for a MSA is met, yes, perform the MSA. If 0 out of 6, stop stalling, get the C&R done and lets move on. No, we must wait months for SS to get this information to the carrier, waste another 2-3 months, then get this C&R done, get it to a judge, wait for approval, wait months for a check. I say intentional stall games must stop.
AA says IC can do whatever they want. I say as long as the WC law is followed, yes, if not , answer is no they cant. Im tired of the games on both sides. Neither side is interested in getting this case finalized, only the IW.

[casual1]

The frustrating part is that this case drags on for years and counting. The MSA has 6 requirements. None of the requirements are met in this case, so no MSA is required or needed or necessary. The AA can provide the IC with SS letter showing SSA monthly benefits and Medicare entitlement dates in order to get this C&R prepared, finalized and case settled.
Instead, the IC wants a MSA performed by an outside carrier before the C&R is performed. If 1 of the 6 criteria for a MSA is met, yes, perform the MSA. If 0 out of 6, stop stalling, get the C&R done and lets move on. No, we must wait months for SS to get this information to the carrier, waste another 2-3 months, then get this C&R done, get it to a judge, wait for approval, wait months for a check. I say intentional stall games must stop.
AA says IC can do whatever they want. I say as long as the WC law is followed, yes, if not , answer is no they cant. Im tired of the games on both sides. Neither side is interested in getting this case finalized, only the IW.

[casual1]

Sorry for the rant. Please disregard. Cant wait for this to all be over one day.

[casual1]

Sorry for the rant. Please disregard. Cant wait for this to all be over one day.

[hurt back]

Thats why I said get an attornery!! Any time I've ever had a problem with my case ( which is hardly ever now ) I would just call my attorney.. My W/C adjuster was an A** so I called my attorney and said that they were taking a while getting me my first dr. appt. He called them and 10 min. later told me that he got it approved to see that dr that my previous dr from my personal insurance referred me to.. He said that the w/c adj. wanted me to go to one of their dr's but he said no I had decided to see this dr because he is highly recommend by many in the area.. So trust me an attorney will work for you, because they know if you don't get paid, they don't get paid...

[casual1]

Hello Hurt Back.

I have an attorney. All that I care is that the WC rules are followed, period, that the C&R is performed in a timely manner and that this case settles. AME report 1 year ago, all parties agree with report. So there is no need for this 7 year case to continue on, wait 2-3 more months for a MSA (not required by law), wait additional time for a C&R to be performed, stall another 3 more months so IC does not have to pay for PD, Future medical, Mileage Reimbursement, penalties, OTC meds, etc.

[1171]

you can file for a penalty if PD advances are not being made.
you can also file a complaint with the Audit Unit if you believe procedures/laws were not followed:
http://www.dir.ca.gov/dwc/Audcomp.pdf

[casual1]

Thank you 1171. On 10 Feb 2012, my AA filed with the WBAC an applicant's petition for sanctions penalities for defendants failure to timely and or properly pay PD per AME report on undisputed body part. PD was just paid 26 June 2012 for 2008 PD, as determined by IC. I dont know if this amount is correct, dont have a print out as to how this number was calculated Where do the penalties go, how are they paid? Are they included in the C&R, being prepared by the DA/IC? My AA stated she was performing the C&R. I thought the DA/IC performs since they know the numbers? Is there a requirement for the AA to perform a DOR for these penalties, incluing Mileage Reimbursment not paid per code, plus penalties or is this put on the total on the C&R? I dont get answers to these questions from AA.All I get back is to stop sending her E-Mails asking her these questions.

[casual1]

Thank you 1171. On 10 Feb 2012, my AA filed with the WBAC an applicant's petition for sanctions penalities for defendants failure to timely and or properly pay PD per AME report on undisputed body part. PD was just paid 26 June 2012 for 2008 PD, as determined by IC. I dont know if this amount is correct, dont have a print out as to how this number was calculated Where do the penalties go, how are they paid? Are they included in the C&R, being prepared by the DA/IC? My AA stated she was performing the C&R. I thought the DA/IC performs since they know the numbers? Is there a requirement for the AA to perform a DOR for these penalties, incluing Mileage Reimbursment not paid per code, plus penalties or is this put on the total on the C&R? I dont get answers to these questions from AA.All I get back is to stop sending her E-Mails asking her these questions.