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puzzle coming together, more help PLEASE Pennsylvania

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  • puzzle coming together, more help PLEASE Pennsylvania

    Last edited by rear-ended; 10-09-2009, 06:30 AM.

  • #2
    He told me I have cervical raducuplohy, and there were discs pressing on nerves and definetely need an operation. (according to him that is), what I didnt realize until today was, I thought i was seeing a neurologist but I was actually seeing a nuerosurgeon, so i guess that is why i got the answer from him i got. Would a neuroligist suggest the same? Nobody here would have any idea what another specialist would advise but it clearly would be a good idea to get a second opinion from another neurosurgeon before deciding what to do. (The WC carrier may even insist on that.)

    After faxing MRI report to my lawyer ( who is STILL NEVER AVAILABLE, i called her this morning and told her that maybe I should just forget about the 3rd party suit. actually left her a message because she was not there today. You need to find a new WC attorney.

    At this point in time, can I actually just drop this 3rd party suit Sure.

    and would I still be eligible for any money for pain and suffering after everything is said and done? No. Worker's Compensation regulations do not provide for any payment for pain and suffering. The only way you can get any money for that is if you pursue a civil suit for third party negligence (provided a third party is found liable for your injury and that they were negligent.)

    can the third party suit be dropped Yes.

    and I just continue to work with the workmans comp people, Yes.

    and then hope the other party who did hit me, maybe come to some kind of agreement with the pain and suffering, or would that not even be considered without a lawyer. Why would the other party want to offer you a dime if you voluntarily drop the suit? The agreement an attorney can help you with is dropping the suit IF you and the other party reach an out-of-court settlement.

    My main concern is getting my neck fixed and keeping my job, (which is driving), and making the (individual) who was driving like an (deleted) pay. I know workman comp will go through his insurance to be reimbursed for the medical bills, but will his insurance also make an offer, or do I need to get another lawyer and not have the luxury of this nice workman comp case manager? We can't tell you what the other driver's insurance will do. (a) Yes, you DO need to get another lawyer and (b) even if/when you do, your WC case manager will still be in the picture. He/she is handling your worker's compensation claim on behalf of your employer but he/she has nothing to do with any civil suit you decide to file against the other driver. You really do need an attorney to help you with all this - it's complicated stuff.

    If your present attorney is never available, won't return you calls, won't answer your questions, etc., then find a new one and fire the attorney you currently have.


    • #3
      Agree with everything Beth said. You really need a new lawyer.

      While you can drop the third party suit, it is not to your advantage to do so. There are many reasons for this. Under WC there is no such thing as "pain and suffering" compensation. WC only pays out actual damages and with a hefty bit of pre-existing back trauma, I wouldn't expect a large settlement from WC. Remember they are only responsible for the portion of your problems related to the actual injury itself.

      I'm not a doctor and I haven't reviewed any of your charts so I can't promise you what another doctor will say. A neurologist is going to be of limited value to you though. If there are objective tests that show that the nerves are compromised, you've already exceeded what a neurologist can do for you. Now if you haven't had an ENG or nerve conduction studies, then a nuerologist could be useful, but a neurosurgeon can do those studies as well. If you have radiculopathy, there just aren't a lot of non-surgical alternatives to "fix" it. Pain management is at best a stall. Given that surgery is on the horizon, then I'd be willing to say that an independent medical exam (IME) is a given. This is especially true if you are represented.

      Your nurse case manager can stay on your case whether you are represented or not. The issue is that many lawyers restrict what information may be shared directly with their clients. If you want to continue working with this nurse, you absolutely may. That is your right.
      I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.


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