Settlement went to a "crawl".

[freebird]

The State is Louisiana.
The mediation was over at the first of may. A C&R settlement was agreed upon contingent upon the Medicare Setaside Proposal being approved by all parties before sent to CMS.
The first proposal was a "low ball" mess. My Attorney and I said redo it. This was the last of May.
Thats the last I have heard of anything.
I know some laws changed June 1, 2009 concerning MSA and prescription drugs.
Is the IC dragging there feet now because the law is not in there favor?
Understand, I am still recieving my Benefits so I am in no big hurry.

I am just wondering if the new laws enacted have caused the IC to not get in such a "push" to finish this.
My MSA will be above $200,000.
There first propsal was $90000 less than this. They left out prescription drugs, and several other obvious medical needs that I currently recieve and will need for life per my Pain Management Doctor.
Any thoughts on these changes and why the IC have been dragging there feet since late May 09? Before this, they were "gun ho" but the brakes have been applied.

[1171]

duplicate post

[1171]

there could be numerous external causes. some may depend on your state's work comp laws others could be the economic and financial situation of the company.
In general and depending on the comp system I suspect that as the set aside process becomes a more established part of comp settlements there will be fewer done.

[jayne]

not to mention Medicare is now involved and slower than crippled snail

[freebird]

Medicare is not involved yet. The IC had a 3rd party vendor to build a MSA proposal.

CMS will not be sent the MSA proposal until all parties(My Attorney,myself and WC Attorney's) agree on the proposal first.
This gives me and my Attorney the ability to make sure that my MSA is sufficient before it is sent to CMS for approval.
This vendor sent there first proposal to my Attorney and the WC Attorneys 15 days after mediation.(fast mid May 2009).

My Attorney and I declined the proposal because it contained many errors and attempted to cut my MSA by over $90k.[u

This was part of the contingency agreement on April 29, 2009 that all parties would see the MSA proposal and approve it BEFORE it is sent to CMS for approval.

The IC love to "slip" "low balled" proposal's past CMS.[u]

There was some laws enacted on June 1, 2009 and July 1,2009. Maybe someone smarter than me can interpert these changes. They seem to put more pressure on the IC,

I was wondering did the passing of these bills make the WC IC not get in such a big hurry.
Here is a article about these changes:
http://www.intrustservicesonline.com/CMS...ril_09.pdf

Thanks for being patent. My state is Louisiana.[/u]

[izell]

welcome Freebird. I'm also in La. Actually, the new laws passed will benefit the employer and the ins.co. with their sleezy attorneys. Not the truly injuried employees. Sadly to say, the injury sustained on the job, willbe placed in a catergory where the most cost effected approach will be considered. Not particularly to say that it would best be in the interest of the injuried. One period of treatment, recovery, PT, back to work will be done by people whom you will quickly learn to dispised. So to speak. We must be in the same district. The IME was supposed to have submitted his final report to W/C judge presiding over my case back in 3-09. I hired an att. in 3-09. No word whatsoever since then. My mother has been taking care of all my bills since the IC stop my payments in 9-08. Two days ago, she relently told me she had planned to retired in Oct. for her birthday. But now she can't. She is the only one who is literally taken care of me. There is no words that can explained the feeling that have been brought on by hearing those words. Louisiana have been called 'The Banana Republic' by ret. Rep.Reilly a few years ago. Imagine what it is being called today. It is really cruel to be an injuried worker in La. I don't know of anyone personally who is willing to bein this type of position. I am praying for a better day for myself and other truly injuried employee. Keep your head up. Izell.

[freebird]

izell Wrote:welcome Freebird. I'm also in La. Actually, the new laws passed will benefit the employer and the ins.co. with their sleezy attorneys. Not the truly injuried employees. Sadly to say, the injury sustained on the job, willbe placed in a catergory where the most cost effected approach will be considered. Not particularly to say that it would best be in the interest of the injuried. One period of treatment, recovery, PT, back to work will be done by people whom you will quickly learn to dispised. So to speak. We must be in the same district. The IME was supposed to have submitted his final report to W/C judge presiding over my case back in 3-09. I hired an att. in 3-09. No word whatsoever since then. My mother has been taking care of all my bills since the IC stop my payments in 9-08. Two days ago, she relently told me she had planned to retired in Oct. for her birthday. But now she can't. She is the only one who is literally taken care of me. There is no words that can explained the feeling that have been brought on by hearing those words. Louisiana have been called 'The Banana Republic' by ret. Rep.Reilly a few years ago. Imagine what it is being called today. It is really cruel to be an injuried worker in La. I don't know of anyone personally who is willing to bein this type of position. I am praying for a better day for myself and other truly injuried employee. Keep your head up. Izell.

Would you elaborate on what changes have been made that benefit the employer and IC in Louisiana?
Did you get this out of the article I sent or what are you talking about?
Thank you

[izell]

Hey Freebird. I will provide you with the source. In pain. Hardly can move. Hurts alot. Will get back asap. Izell.

[freebird]

izell Wrote:Hey Freebird. I will provide you with the source. In pain. Hardly can move. Hurts alot. Will get back asap. Izell.

izell, have you forgot about the source you were going to show me about WC in Louisiana? I am very imterested to see this.