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  1. #1
    Join Date
    Oct 2007
    Posts
    5

    Default Offered a Settlement - Should We Take It?

    My husband was injured on the job in 11/06 ~ tore his labrum in his right shoulder. Two surgeries later, he is still in pain ~ his orthopedic doctor referred him to a shoulder specialist in Philadelphia who stated that he is bone on bone and needed a allograft (cadavers meniscus between his humeral head and glenoid (shoulder bones) The consultation was approved by his WC and after the consultation surgery was scheduled, with no peep from WC. After the healing time, he is in worse pain than ever. In the meantime we have been to court once, the WC insurance wanted to settle for $80,000 but said that he was responsible for all PAST and future medical and this is when we found out that the last surgery was denied!! Three months after the surgery!! The hospital at that point was never notified of a denial! So now he goes back to the specialist and they said he has advanced osteoarthritis and that to be pain free he needs a shoulder replacement. So the surgery is scheduled and being submitted to his personal insurance. Now we have a hearing again this Thursday and they are offering $70000. We are at wits end and don't know what to do. More than likely he will be able to go back to his job. He has VA benefits for any future medical problems. Are we wise to take the $70000 sttlement? Please help (respond) with any knowledge or advice for us. since he has been off for 1 1/2 years our credit is getting screwed up after we had just fixed it, $1000 every two weeks does not cut it when we have 5 kids. They almost put people in positions to take a lump sum to help their financial ruin.

    Anxiously awaiting responses.
    Kelly in Reading, PA

  2. #2
    Join Date
    Jul 2007
    Posts
    210

    Default Re: Offered settlement in PA~ need advice!

    Myself I would get advice from an attorney...Is this WC??? Here in Ohio you have to be notified in writing if any claim has been denied or approved and then you have the right to appeal either way...

  3. #3
    Join Date
    Feb 2007
    Location
    PA.
    Posts
    238

    Default Re: Offered settlement in PA~ need advice!

    I'm not so sure the VA will tend to his injury if you settled . As I learned from others here you better make sure he won't need medical attention down the road and be stuck paying all of the bills himself.

    Has he applied for SSD ? I would look into this also .

    My insurance will not cover my back injury because it was a work injury , I have to have a set a side done through SS if I want to settle so I'll be taken care of down the road..Please read other post on this subject here.

    Wally

  4. #4
    Join Date
    Mar 2007
    Location
    Georgia
    Posts
    1,930

    Default Re: Offered settlement in PA~ need advice!

    Kelly your husband most certainly needs the best darn attorney that is a board certified WC specialist you can possibly find. The attorney should also have plenty of experience in taking WC cases to trial and not just a box full of settlements outside of trial unless he/she can prove that those settlements would not have had increased value in front of a judge. www.wilig.org is a good place to start. You could also check with friends, family, or co workers and see if anyone in your area has used a good WC attorney. DO NOT call one of those outfits that advertise on TV. You would be better off on your own. IMHO, you need an attorney to represent him with this claim and the sooner you have one the better.

    Steel
    "He who is his own lawyer has a fool for a client"
    Abraham Lincoln


    Take Care and Be Well.

  5. #5
    Join Date
    Oct 2007
    Posts
    5

    Default Re: Offered settlement in PA~ need advice!

    We have an attorney ~ the first one we found wanted 20% of his comp check, our current one said he would only take 13%. I (wife) am not very happy with him ~ we have only met with him once and that was the day of our first settlement hearing ~ now to his benefit, he is the one who noticed right away in the agreement about being responsible for the PAST and future medical. But, other than that, he is hard to get a hold of ~ I feel like we are doing all the digging and research and we have TONS of questions. I would like to find another attorney ~ but it seems like time is counting down. In one hand, I don't want them to pay his last surgery or the shoulder replacement coming up, because as I understand if we would settle now with them not paying the last two surgeries, those injuries would not be included in the settlement agreement. As of now, they have only paid the 2 surgeries to repair the torn labrum. If we don't settle at this hearing on Thurs., what would their next steps be? Our attorney said we would go to a hearing with the judge and that the judge would then make the decision. Our personal insurance is currently going to pay the last and coming up surgery, so us paying is not an issue. I would like to get the settlement to help us financially, but not at the cost of screwing us in the future. They want to settle now, in my opinion, because they are trying to get out of paying for this shoulder replacement, which is probably over $100k. And because of an injury to the same shoulder while serving in the Marines, the VA will cover future medical on his shoulder, because some of the osteoarthritis and wearing away of the shoulder was caused by her service. He currently receives VA disability check every month. I hope you guys are following what I am trying to say =) I am just so confused, and I always thought an attorney would put your mind at ease. If anyone can recommend an awesome WC attorney in the Reading, PA area, please feel free to refer!!
    We don't know how the judge would rule if it were to go before him.

  6. #6
    Join Date
    Oct 2007
    Posts
    2

    Default Re: Offered a Settlement - Should We Take It?

    Im going through the same thing with m shoulder surgeon is recomending third surgery and i still have not gotten any checks from w/c last time i went too court was aug 2007 still waiting for judges decision I would like to know the shoulder specialist you went to so i can get another opinion on surgery #3 I am in Philly. And would like too know how long does a judge take too make a decision after lawyer sends in briefing.

  7. #7
    Join Date
    Dec 2006
    Location
    Pa.
    Posts
    929

    Exclamation Re: Offered a Settlement - Should We Take It?

    My opinion Only, but I would let the Judge Decide! And as far as Your Attorney, remember You get what You Pay for!! I know it's Tough right now, but that's not a reason to let the i/c get off that Easy!! I Honestly Believe Your Case is Worth Much More than That, and they should be Responsible for All Surgeries, Aggravation of Pre-Existing Conditions are the Responsibility of w/c in Pa.! Do as You must, only You know Your Situation, but I'm Struggling and have Lost everything except My Home, but I'm surely not going to Give In, if I had done something Wrong that's One Thing, but all I did was go to Work and Get Hurt!! They have Billions of Dollars, mainly because of Squeeze tactics like these, and Only the Strong Survive, and get even Close to what they've Lost!! My Opinion Only, as I've said above, but Hang in there and Fight, if You Can!!

  8. #8
    Join Date
    Oct 2007
    Posts
    22

    Default Re: Offered a Settlement - Should We Take It?

    Well since we haven't posted since last month...I'll give a update quickly...Had my shoulder replaced 10/30 by the Rothman Institute...surgery went fine...Dr told me post op it was a good thing I had it done...my shoulder was shot..he noted that when he did my first surgery with him (4/18) I had mild arthritis in my shoulder...the last MRI noted advanced osteoarthritis...he said it was really bad in there and did the total shoulder replacement...funny thing is...my Dr up here said the arthritis was bad when he did the first 2 surgeries last year (this was when I talked to him just prior to the replacement)...I know the IC isn't getting to my Dr in Philly...makes me wonder if they got to the one here in Reading...for him to make a statement like that...but it is what it is...mr atty is waiting till the bills go thru then we're gonna sit down and see what is still outstanding, what my private insurance payed, and any out of pocket expenses where..add that all to the 70K they offered and tell them we'll settle for that amount just in case my private ins would ever try to come after me...I am hoping to see 125K before I give the lawyer his share...I would be ok with that...it would allow me to get back to where I was ( financially) before my surgery and to get my house paid down a good bit....what I am worried about is my job...I ahve every intention of going back when I am allowed by my Dr....guys there have said "you won't be able to come back"...I told them there is a guy there who had both hips replaced...why wouldn't I be allowed back?...fair is fair...we'll see what happens...I have a while to wait anyhow...still have 4 weeks to go before they will even consider therapy....so I do have time...any thought folks?

  9. #9
    Join Date
    Nov 2006
    Location
    Ohio
    Posts
    324

    Default Re: Offered a Settlement - Should We Take It?

    You have a lot to consider and discuss with your wife. I personally do not feel that your claim is ONLY worth $125,000.00. you need to think about the future. What happens if you do get terminated from your current employer.. can you find another job making same money? What about medical coverage?

    Please think long and hard about this and at least see how you are going to feel several months after surgery.

    Good luck to you and the mrs. I hope it works out whatever decision you make.



    Quote Quoting bgdadydnk View Post
    Well since we haven't posted since last month...I'll give a update quickly...Had my shoulder replaced 10/30 by the Rothman Institute...surgery went fine...Dr told me post op it was a good thing I had it done...my shoulder was shot..he noted that when he did my first surgery with him (4/18) I had mild arthritis in my shoulder...the last MRI noted advanced osteoarthritis...he said it was really bad in there and did the total shoulder replacement...funny thing is...my Dr up here said the arthritis was bad when he did the first 2 surgeries last year (this was when I talked to him just prior to the replacement)...I know the IC isn't getting to my Dr in Philly...makes me wonder if they got to the one here in Reading...for him to make a statement like that...but it is what it is...mr atty is waiting till the bills go thru then we're gonna sit down and see what is still outstanding, what my private insurance payed, and any out of pocket expenses where..add that all to the 70K they offered and tell them we'll settle for that amount just in case my private ins would ever try to come after me...I am hoping to see 125K before I give the lawyer his share...I would be ok with that...it would allow me to get back to where I was ( financially) before my surgery and to get my house paid down a good bit....what I am worried about is my job...I ahve every intention of going back when I am allowed by my Dr....guys there have said "you won't be able to come back"...I told them there is a guy there who had both hips replaced...why wouldn't I be allowed back?...fair is fair...we'll see what happens...I have a while to wait anyhow...still have 4 weeks to go before they will even consider therapy....so I do have time...any thought folks?
    Beth, Legal Assistant
    Wife and Mother of injured workers

  10. #10
    Join Date
    Oct 2007
    Posts
    22

    Default Re: Offered a Settlement - Should We Take It?

    Thanks whatamess....I do feel the same way...I think me having a 20# weight restriction for the rest of my life is worth more then that too...my lawyer is worried about which way the judge will rule...only thing working in my favor is the WC lawyer has been pissing off the judge left and right...there entire case is based on the IME...which is a joke in itself...how any Dr worth the paper his diploma is printed on could even write the things this one did without ever examining me is ridiculous!!...it was 2 days after my second surgery!..still in the sling with the hospital dressing on the wound...lol...they're saying it was a pre-existing condition based upon the surgery I had while in the Marines....according to any dr I have talked too...a mumford doesn't even get close to the labrum, humerus, & glenoid the later 2 which I just had replaced 10/30...my lawyers last statement to me was even if we win and i go back to work why not take the settlement? so I have something to get me back on my feet...which does make sense...I certainly would like more then the 70K they offered or the 125K I think I will end up with...but at what point do I look like a greedy SOB? probably now...but I have been off of work almost 2 years living on 60% of my best quarter...have ALOT of debt that needs to be paid.....and soon...sooner or later they will stop working with me...and with the holidays rapidly approaching with 5 kids...christmas is looking very bleak for my kids...and that is not fair to them at all...I know all the IC and it's lawyer are looking to do is stop paying me money and my medical bills...hell my Ins paid for the last 2 surgeries because WC denied them...but they are still paying me...it's all about the money...always has been for them...all I wanted was to be able to live till I could go back to my job...I am going to do that...if they fire me or let me go because I have a replaced shoulder and restrictions...then they will have to do the same thing to the other guy that works there with 2 replaced hips...how could they let me go if they have had him there for years...there are no written classifications at work...and many jobs I can do with my restrictions...we'll see what they say when i go back....I am hoping it will be sometime in the spring...I have 4 more weeks before I can even start therapy...at least six weeks of light therapy once I get started...the only thing I am allowed to do right now is 2 stretching movements...with a total of 12 weeks of very little work on the muscles...it is going to take awhile for me to be back in working shape...

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