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CA.WC settlement offer and Dr.'s diagnosis changed

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  • CA.WC settlement offer and Dr.'s diagnosis changed

    WC settlement offer will only cover 5 years of migraine medications. I did some figuring and after paying the attorney, and the leins against my settlement I will barely have enough for prescriptions and two doctor appointments a year for 5 years.
    WC denied MRI of my head, 4 times. Now one of my doctors says I have a brain injury. My attorney says it’s too late to add any revisements of the doctors reports. He is angry with me because I didn’t jump at a $35,000 compromise and release settlement offer. I feel I need permanent medical benefits.
    I have attended 2 or 3 manditory settlement conferences, each time I ask for the same thing; medical coverage. The insurance company has played games with me. The first offered me $35,000 and when I didn’t jump at that offer they lowered it to $25,000. When I didn’t jump at that they lowered it to $20,000 trying to intimidate me into thinking that I would end up with nothing. But I stood my ground because I know I am seriously injured.
    I have continuing severe migraines. I am also leary of the possible future complications of a brain injury. I am afraid that it may get worse as I get older. I have constant ringing in my ears, memory and thinking problems, and double vision (that can’t be corrected with glasses). I am not mentally the same as I was before the accident, I struggle to think clearly. I miss one day of work out of five. I am working a temporary job right now. When it is over I will have trouble finding and keeping a new job. I am 51.
    I am considering accepting the settlement offer, though, because I don’t want to go through court. My attorney says that I should settle because the judge is not a very generous one. And my current doctor reports in the case say that I only have a sprain in my neck. I have seen a QME, he also asked for an MRI of my head and was refused. His report also said I sprained my neck.
    My questions are:
    Is $35,000 a good settlement offer? Should I just settle?
    What are the chances that I will win a better settlement offer, with medical?
    Can my doctor revise his report? Can we add it to the claim?
    Should I get another attorney? Can I?

  • #2
    Too tired and too sick to fight

    After dealing with "quacks" for doctors, and an attorney who just wants to get his $5,000 out of my injury, I have decided to sign the settlement. All the money in the world is not going to stop my migraines, or repair my brain injury. Although I dont know how I am going to pay for medications in 5 years when this settlement money runs out, I have signed the settlement and mailed it in.
    You think that $35,000 is alot of money? After everyone gets their piece of it i will be left with about 21,000. If I divide that up into 5 years I will have just enough money to pay for 2 doctor visits a year and 5 years of medication.
    Well, I'll worry about that tomorrow.

    Comment


    • #3
      DO NOT SETTLE THAT EASY BECAUSE YOUR FUTURE IS AT STAKE. IF YOU WERE referred by one of their physicians for a mri it is against the law to deny it call the workers comp board in your state and tell them your situation and file a complaint and their decision is the final one and talk to another lawyer and see what he thinks of your lawyers advice because you are the client he works for you and all decisions in your case are made by you and only you. you can file charges against your lawyer through the state disciplinary board for attorneys dont lay down because it sounds like your lawyer might have a side deal

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      • #4
        Did you notice the original post was over 3 months old? Whatever was going to happen has probably happened already.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

        Comment


        • #5
          Originally posted by blaqueman4real
          DO NOT SETTLE THAT EASY BECAUSE YOUR FUTURE IS AT STAKE. IF YOU WERE referred by one of their physicians for a mri it is against the law to deny it call the workers comp board in your state and tell them your situation and file a complaint and their decision is the final one and talk to another lawyer and see what he thinks of your lawyers advice because you are the client he works for you and all decisions in your case are made by you and only you. you can file charges against your lawyer through the state disciplinary board for attorneys dont lay down because it sounds like your lawyer might have a side deal
          GREAT !!! Thank you for your help. I just wish it could have come a little sooner. I already signed the settlement and received the check. I didn't know what else to do. I would still like to see about suing my lawyer or turning him into the bar. If there is anything I can do about turning the court case around I would be open to any suggestion you have about that too. And my case worker at State Fund; what about her? She is the one who kept denying me an MRI. 3 or 4 doctors requested a head MRI - they were all denied. I have read-up on the migraines, ringing in my ears, and memory lapses; and they all point to a brainstem injury or a Minor Traumatic Brain Injury(its like shaken baby syndrome).

          Comment


          • #6
            It isn't against the law to have not provided the MRI. If you disagreed with the denial the proper thing to do would have been to file issues before the WC Commission. As the Commission had to approve the settlement and you had numerous chances to discuss this at the settlemt conferences and had the benefit of counsel that you chose, I don't see that you have a tremendous amount of recourse to come back and say you were ill advised or signed the settlement under duress.

            While you can file claims against the attorney, it takes more than bad advise, or advise you later regret taking to have a case or get him disbarred. I'm not 100% familiar with your state's laws but typically those at the state fund (which I assume is the WC carrier) would be indemnified, particularly if you didn't seek to challenge or appeal the denial of the MRI. You are welcome to seek the advice of a lawyer in your area, and in fact, before acting on any of this, including my advice on the subject, I would highly suggest you do so.
            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.

            Comment


            • #7
              Knowledge is the key

              Originally posted by ElleMD
              It isn't against the law to have not provided the MRI. If you disagreed with the denial the proper thing to do would have been to file issues before the WC Commission. As the Commission had to approve the settlement and you had numerous chances to discuss this at the settlemt conferences and had the benefit of counsel that you chose, I don't see that you have a tremendous amount of recourse to come back and say you were ill advised or signed the settlement under duress.

              While you can file claims against the attorney, it takes more than bad advise, or advise you later regret taking to have a case or get him disbarred. I'm not 100% familiar with your state's laws but typically those at the state fund (which I assume is the WC carrier) would be indemnified, particularly if you didn't seek to challenge or appeal the denial of the MRI. You are welcome to seek the advice of a lawyer in your area, and in fact, before acting on any of this, including my advice on the subject, I would highly suggest you do so.
              You know what gets me, is that we the uninformed are at the mercy of the attorneys. If we get in trouble with the law (whether guilty or innocent), if someone wrongs us - taking away our rights or money, or if we are injured (through no fault of our own); we have to trust in attorneys to help us. Our WHOLE LIVES AND/OR FUTURE IS IN THEIR HANDS.
              No-one can know everything about everything. Not everyone is talented at twisting the truth, or convincing people that you are telling the truth. Some of us just have to pray that we are never faced with the problems that send us to court.
              Unfortunately, that is seldom the case; and the rich get richer; and the poor get poorer; and the innocent are screwed.

              Comment


              • #8
                You are so right!

                You are so right. Truly are at the mercy of the doctors, lawyers, work comp carriers. They deal with these issues everyday and know how to worm their way around. There are good doctors, but when I tried to get information from "their" doctor, he made it clear to me that "I was not his patient" even though I was seen in his office the day before. He knew who was paying him! At first he said I needed treatment, but then work comp would not let me get all the treatment, they had approved. I still had another set of trigger point injections, but they sent me back to him before that was scheduled. Then he said I was at MMI and no more treatment of ANY kind!

                Now my insurance is paying for treatment, that should be covered under work comp. Don't know if disability is going to pay me for being off work. Injury has possibly turned into RSD/CRPS.

                It sure feels like this is just a big scam and like you say, the rich are getting richer playing the worker that gets injured and the poor worker gets poorer.

                Unfortunately that lawyer probably knows every other lawyer in that area and as they "all work together" you might be out of luck finding one to help you............I wish you luck.

                Comment


                • #9
                  I can't comment fully on your case , but if the doctor your insurance company sent you to was an independent medical exam, the doctor is absolutely correct that he isn't your doctor and he isn't permitted to treat you. Ethically and perhaps depending on your state's WC laws, legally, he could not perform the treatments.

                  While I agree that not everyone can know everything about the law, it is fairly easy these days to hop online and research it. Every state I know has their WC regs online. That is also why you do hire a lawyer. To help you through the process. It's the same as why you hire a real estate agent to help sell your house, or go to a doctor when you are sick. You can't be an expert on everything so you hire someone who is to guide you through it. But, you do need to read up on thing for yourself and jsut as you would switch doctors or get a second opinion if you were unhappy with your doctor's service, you can and should do the same with a lawyer.
                  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.

                  Comment

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