Thoracic Outlet Syndrome Thoracic Outlet Syndrome/Brachial Plexopathy. In Memory Of DeAnne Marie.


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Old 04-25-2007, 08:42 PM #1
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Default Mediation Hearing

I have an upcoming mediation hearing for worker's comp and I would like to know what to expect. Some people told me that it is coming to an end if you have one. Can anyone let me know about any experiences they may have had with one. I am eager to be finished with this whole comp thing. Any imput would be appreciated!!!!!!!
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Old 05-08-2007, 07:27 AM #2
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Confused Help!!!!

I just want some stories---do I go in and ????? Is it like a regular hearing? Will they slip my lawyer a piece of paper with figures on it??? Please let me know if anyones been to one---and anything you guys have to say is really important to me. I've been listening to you all for so long, I feel like I look up to you for advice--most of us are in the same boat with TOS and w/c---Thanx all!!!!
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Old 05-08-2007, 09:40 AM #3
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Heart Never heard

Krankie I never had any experiance about a medication hearing. Most of us here are in litigation that they stop benefits, or are trying and then contact the attoreny with figures to settle.

I had a civil suit that the attorneys and judge spoke and then came out with figures, they did'nt work and we redid a few times.

My friend had medication for a child custody and the judge heard both sides and set the determination.
With their divorce the medication was heard and two parties got close enough and then judge finally had to cut to the chase to get resloved as there would enver be a meeting of the mind.

What does your attorney say will happen...call him, that is what he get the big bucks for. HE must be talking or corresponding with the other side to know what is up?

I wish I knew more but that is it....
Wishing you luck, I would just be prepared to respond to their insinuations if they come up to jobs you could do to why you can;t...like Mickey D's, how could you handle a frying, standing, scrubbing floors, doing parties, You could hurt yourelf or someone even pouring coffee.

Even as a hostess, they call them an customer assistant.. you ahve to push tables together, move the chairs, clean up and reset back, get the first drinks, standing long periods, handle the register and phone ofr take out, meaning it would rest on your shoulder, that you ahve to uise your hands frequently, lift frequently,.

You could say you would have to retrain, but likely could only tolerate extremely reduced hours, no money for training, transportaiton you drive only 20 minutes, etc...

If I think of anything else will let you know.
Best of luck,
Di
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Old 05-08-2007, 09:45 PM #4
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Smile

I went to lawyers.com and posted on PA w/c. This is what I was told about the process...assuming things go well:


Here is basically the order you are looking at:

1. Mediation (we'll assume you agree on an amount)

2. Compromise and Release petition is filed (there is no reason this couldn't happen directly after the mediation, this can be done by your attorney or the ICs attorney, really doesn't matter)

3. Settlement hearing (there is now a resolution court that can usually hear these cases within two weeks of when settlement papers are filed)

4. Judge's decision (the judge will review settlement and your testimony and approve the agreement)

5. Payout (can be between one day and 30 days after judge's decision, depends on the carrier)

Also, the judge for your settlement hearing may or may not be the same judge you had been in front of previously, in fact, with the new resolution court it most likely will be a different judge.




If anyone has any questions about general w/c issues, lawyers.com is the best place, besides here of course!!, to check out. I will let everyone know how things go with the mediation hearing, it's next week. Wish me luck--I need lots!!!!
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Old 05-08-2007, 11:04 PM #5
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Default I Know about

I guess we skiped a step...they were petitioning to stop beneifts based on De not going to job interviews she did go on....On the side the judge called attorneys in and said SETTLE THIS!

Then there was an offer made, it was the amount previously agreed with attorney so OK given. The C & R was drawn up. She reveiwed it with attorney and signed. She was told by the attorney what he would ask and ehr response and what the judge would ask and response. As this is the finality over it and can never be revisited the attorney wants to make sure you totaly understand.

So the attorney states everything you have read and reviews with him, The judge will ask if you are taking medication, have you ahd advice or spoken to anyone to understand what the agreement means. There is a waiver for voc rehab offer, that takes longer to finalize...then there is a final Judge statement that if he signs it it is all over. There are aggrements that he will sign it and it can be releases in X amount of days.

The attorney got the check, he had a portion De got heres and that was all she wrote.
the difficult part was she was offered to keep open medical. I think that the attorney was keen that De's health was so bad that a good gamble was to keep it open instead of 35 years of settlement. Her meds alone were $16,000- 18,000 a year, not counting doctors, treatments, Pt, furture surgery etc.

So she only had a few months of open medical.....
But, the difficult part is seeing what you would receive and what the lowest amount you would accept and if they will carry the medical....

Good luck,
Di
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Old 05-14-2007, 10:31 PM #6
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Thanx...Like I said...I'm just trying to get an idea as to what to expect. I have had offers, close to what I would like, so I'm hoping that they do make me an offer at this hearing and that it all gets finalized quickly. I was denied disability twice now, so I hope that this does not prolong getting a check. I would probably close out my medical also as I do not need too much. But Thanx again......and if anyone else has anything to offer, I'd appreciate it.
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