Can IC settle without a disability rating?

[Lilly]

Hi all....i need your input
How can IC/WC offer to settle, when I have had no tests to know exactly how my physical disabilities have affected my body on a percentage basis?

I would know if I have been tested ...right?

Early on in my injury, my IC appointed MD, said i needed surgery, of course IC denied. I was then sent to an IME who stated I needed surgeries on two different body parts and he was pissed about them sending me to PT prior to surgeries, as he said they probably caused more damage doing PT, he said my MRI was misread in the first place. The IC then approved surgeries.
Then, they had me change doctors due to continuing problems, to one I absolutely loved, and he did the last of the 4 surgeries, and put me on MMI w/ lifetime permanent restrictions, said get a lawyer, and file for SSD (which I did) SSD was approved. I'm still receiving weekly WC checks....IC started talking settlement, so my lawyer entered a settlement amount & they counter offered, but we denied. Things seem to be in limbo now.....what happens next? Can they settle without knowing the extent of my disability?
Thanks for your input everyone! Lilly

[Pooh]

Lilly

They could have asked your doctor to rate your injuries for them. Since he put you at MMI with life perm restrictions and told you to file for SSDI - he feels that you would not be able to work again. Now on the other hand the IC feels that you may be able to work at some compacity and that is what they are trying to settle or they are trying to settle to get out of paying for lifetime medical and lifetime weekly checks.

[rholmes]

Lilly

I think Pooh is right sounds like they know they have to pay lifetime medical and since your doctor has already indicated as much they are trying to rush and settle with you. But to me it does sound like your doctor has already rated you if you are getting SSD


good luck

[sparkey]

Well it is 2 weeks since my PIR rating, and still have not heard what percentage the doctor rated me at. When i went to the appt. the doctor said my medical is staying open and the insurance co. should be contacting me with a settlement amount. So, it depends on if they are going to keep medical open or not for the settlement amount.

They should of done a PIR rating to see what percentage to rate you at. I am surprised they can offer something without that rating being done.

[punk]

I would have my attorney set up an FCE for you. FCE (functional capacity evaluation). This can be done and will give your IC the percent of whole body impairment. However, it will eventually come out of your pocket if you or your attorney sets it up. It would be my belief that the IC and/or your attorney needs to have that done as well as get Voc Rehab involved to do loss of earnings evaluation so that your true disability is known. NOW, since you're receiving SSD then maybe that's not necessary. Maybe since that's been approved they consider that to be a certain level of disability. Who really knows??? I would definitely be asking your attorney's advice on this one.....!!! Remember, there is no such thing of a stupid question!! If you don't know the answer, ask it...you won't know if you don't ask!
Good luck!