Impairment rating system Louisiana WC

[freebird]

Still in Limbo Wrote:I've Had Mediation Settlement Conferences without any IRE or Voc. Rehab. Study. Negotiations can be Tried at Any Time I Believe, and if Both Sides Agree, the Additional Testing is not Needed. I Discussed Your Set-Aside because You Mentioned it was and has been the Hold-Up for 9 Months. Sorry if I went Off Topic, I was just trying to Remember Your Situation Correctly!!

When I was declared MMI 2 years post surgery, a FCE was immediaitely sched. I was found sedentary with restrictions.


After FCE a Voc. rehab person was appointed by the IC, This went on for approx. a year. I had been approved 2 years before SSDI.
Voc. Rehab never had me fill out the first application muchless build a Resume.
Voc. Rehab person said there was no job for me but everyone is getting paid so we will meet once a month until they force me to stop.

I realize SSDI has nothing to do with WC BUT..... Also, I am taking 2 narcotics along with 3 other drugs with PM...

After Voc. Rehab stopped, I had another IME and the WC Doctor found me PTD. This is when the IC starting wanting to settle. I thought we were there after mediation ........

It will be 7 years soon......

[Bad Boy Bad Boy]

I just wondering, if you were declared PTD, if that means 100%. If at 100%, the Insurnace Carriers, and or many of Hearing Officers then grant a settlement based on life, and that is to only be paid Bi-Monthly, or Monthly, till death do you part ways with the IC.

But, then again, I know you were offered to settled, yet you never said on how that would be paid to you, other than you and your attorney are waiting for a proper MSA fund.

I will tell you this. I have refused a settlement based on payment for life paid at a monthly bases. For if and when you do die, the payments then stop. Family, or spouse gets nothing more. I have elected to settle Lump Sum, and discounted because of that issue, and because I had one IC go Bankrupt on me already.

[freebird]

Bad Boy Bad Boy Wrote:I just wondering, if you were declared PTD, if that means 100%. If at 100%, the Insurnace Carriers, and or many of Hearing Officers then grant a settlement based on life, and that is to only be paid Bi-Monthly, or Monthly, till death do you part ways with the IC.

But, then again, I know you were offered to settled, yet you never said on how that would be paid to you, other than you and your attorney are waiting for a proper MSA fund.

I will tell you this. I have refused a settlement based on payment for life paid at a monthly bases. For if and when you do die, the payments then stop. Family, or spouse gets nothing more. I have elected to settle Lump Sum, and discounted because of that issue, and because I had one IC go Bankrupt on me already.

Negotiated Lump sum agreement. MSA is seperate but you know that.
Low 6 digit.

Even thought the WC IME declared me PTD, The IC wanted to dispute this of course BUT they did not want to go to Court.
We might be there anyway since they will not resubmit a 2nd MSA proposal.
Currently still drawing weekly check and all medical and prescriptions paid 100% after almost 7 years.

[Bad Boy Bad Boy]

Negotiated Lump sum agreement, this is very good. So, am I correct in saying that it's been said your totally disabled then? If so, that makes your rating 100% then. Let me know...Please.

[Still in Limbo]

It's been 5 Years and Counting for Me Free Bird, without an IRE, and a Judge that Stated that I can't even Answer a Phone for 4 Hours a Day, 5 Days a Week, and My PM is the Credible Dr., and has Me at Disabled. I still Continue to Receive Bi-Weekly Checks, Approved for SSDI in 3mos./3wks. without an Attorney at the Age of 43, and have had 15 Hearings, and 2 Appeals Processes. Methadone, Morphine, Neurontin, Valium, Promethyzine, Lyrica, and a Host of Meds. from My PCP for Blood Pressure and Cholesterol are My Meds. I was just Up for Review with SSDI and They Opted not to Review Me, and after All I've Posted, and Winning 14 1/2 out of 15 Petitions Filed, They Still don't Consider Me Totally Disabled in the w/c Arena, and I've already Turned Down a Low 6 Figure Offer, and I've been being Under Paid during this Whole Time! I only See My PM Dr. Once every 3 Months. So if I can be of any Assistance, Please Let Me Know, and Good Luck!!

[freebird]

Bad Boy Bad Boy Wrote:Negotiated Lump sum agreement, this is very good. So, am I correct in saying that it's been said your totally disabled then? If so, that makes your rating 100% then. Let me know...Please.

The Last IME the IC sent me to, He wrote that I was Permanent and totally disabled.
I have not been to court and declared PTD but the IC wanted to negotiate without going to court.
Would I be found PTD by a Judge? It is always a gamble going to court because the FCE said I was sedentary with restrictions. I went to this IME after this last FCE and he said I was PTD.

We might wind up in Court to get the Judges ruling. My Attorney had a discounted dollar figure goal and we wound up within 20k of this.

Here is my agreement signed by ALL parties approx. 9 months ago.

MEMORANDUM OF SETTLEMENT AGREEMENT

Employer and Insurer topay a total of $ ------ PLUS the cost of the MSA. MSA to be approved by ALL parties as a condition of the settlement. The paynment of the funds and the approval of the settlement is to be"Full and Final" settlement.Benefits to continue through date of approval.

Every weekly check I receive, My lump sum figure goes up.

[Bad Boy Bad Boy]

Okay, Court or Hearings can go either way when things get decided. You risk loosing the Lump Sum settlement, and many times many do. The hearing officers are more likely to award a settlement based on the 100% (by the way is your rating, and answer to your question), then have you paid Bi-Monthly, or Monthly. This is the risk anyone takes when taking it to Trail. So, if your a gambler, then flip your coin, for that is just what it is like. I hope and pray you get the Lump Sum, but hearing officers are prone to injured workers going broke in 5 years or less from Lump Sums, that they award the life time payments instead.

[freebird]

9 months ago I 100% believed we had a done deal but little did I know. Going to Court is a gamble.
My Attorney discussed this at length with me. At this point there is nothing that can be done till a 2nd MSA proposal is presented.
We cannot force them to settle. I am here for the long haul like it or not.
Financially, I am extremely fortunate so lets roll! LOL

[Bad Boy Bad Boy]

We can say, we think much alike when it comes to these settlement issues, as I too am a Long Hauler.... For I've only been trying to settle mine since 2004....