My attorney sent a "Demand Letter" approximately four months ago (of $84,000) and suggested a "25% compromise" amount between the two doctors involved - one giving a "30%" PPD - the other "20%".
The third-party work. comp. insurance company countered with an "offer to settle" of $50,000 approximately two months ago. My attorney informed me about a month ago that this amount was "too low" considering that the surgeon has suggested at least one more surgery (hardware removal) from my leg - but that it is "elective". I do not want this surgery (or anymore surgeries actually), and have opted to not have it.
The surgeon also mentioned almost a year ago in his MMI report ("30% PPD rating"), the potential or 'possibility' of a "fusion" or debridement/arthroscopic procedure in the future. He also tells me that he can't rule-out the possibility of nerve damage in the foot and or leg.
The IME doctor I was sent to see (by the insurer) seven months ago gave me a lower PPD rating ("20%"), and said he didn't believe that I would need any further surgical intervention.
Can anyone here say with any reasonable certainty where I (my case) stands? I feel confident in my attorney on the bottom-line of this case (he has been practicing work comp and disability law specifically - and only - for over 30 years - closer to 35 years, I think), but he is very slow, and takes two to three weeks just to return my calls often times.
The case will be two years old (which is the maximum time limit for filing a claim in my state - VA) one month from today - in other words, the original date of injury, and when the claim was made, was in October of 2006.
I am just wondering if the insurance carrier will make another (second) offer (is that "typical"?), or do they typically take it for a hearing after they have made their offer to an injured worker? Again, we are $34,000 apart after the first round of offer/counter-offer (about a 1/3 difference) - $50,000/$84,000.
Thanks in advance.