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Old 03-07-2011, 04:40 PM
Dubious Dubious is offline
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Join Date: Jan 2009
Location: Paradise
Posts: 855
15 yr Member
Dubious Dubious is offline
Member
 
Join Date: Jan 2009
Location: Paradise
Posts: 855
15 yr Member
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Quote:
Originally Posted by Broken at Work View Post
Yes, my case is still open, but only for a couple more days or so. I either have to settle, or it will go before a judge on the 9th, which is Wed. My attorney advised me that if it goes before a judge that I will get even less than what the insurance company is offering me, so I don't want that to happen.
I did see a QME, and the percentage of my permanent disability is based upon his report, minus what they percentaged out for my prior neck and shoulder surgeries. It's hard to battle when I saw 2 different neurosurgeons and they said that I needed neck surgery, that the one they did wasn't successful vs seeing their orthopedic surgeon for 15-20 minutes who took X-Rays and said that I don't need it.

As far as my neck injury, it was being handled by the secondary workers comp case as an accumulative injury, as well as my shoulders.

So, my dilema is, keeping future medical and basically getting no money except, maybe a couple of thousand after attorney's fee's and paying back the advanced monthly payments. Or taking the compromise and settlement and closing out the case, with no future, I have to take care of my own medical, and I have to pay the first $60,000 before medicare will pay if it has to do with the workers comp injuries to my neck, shoulders or lower back.

That's why I've been asking for suggestions and opinions. I'm at a roadblock here. I'm a single mom, even though my kids are grown, one of my daughters lives with me as well as her 3 little ones, ages 8, 2, and 4months. She works and helps me, and takes care of the house.

And that's a good point.....future medical on a stipulation and award is worth tens of thousands if not hundreds of thousands over a life time depending how old you are. Your attorney will get by law, 12%-15% of the monetary award, which would normally be decided by the judge at the hearing. They are not entitled to your future med award, I don't think. A compromise and release is just that! My experience has been a C&R is worth less than a stipulation and award. There must be something extraordinary about your case. Unfortunately, WC is not tort law so the awards are much less.
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