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  1. #1
    Join Date
    Mar 2008
    Posts
    93

    Exclamation Closing My Workers Comp Case

    Hi everyone I am hoping that big dog or some of you can help with this .

    I am at my last straw with this I owe family in excess of 30,000 $ and have a offer from the ic for 149,000 the judge won't sign off on it due to it being insufficent for my injuries how can I ,or could I just get the ic to raise the amount to whatever the judge would sign for.
    Even structured would be fine I don't care any more and get nowhere with my atty. so please advise there has to be someway for this to end my wife is even talking divorce from all of this.

    I know that the ic doesn't care at all but some guidance would be helpful.

  2. #2
    Join Date
    Sep 2008
    Posts
    132

    Default Re: Closing Case (Big Dog)

    If the Judge wouldn't approve the settlement, he must have stated what he would approve if this occurred at a MSC or hearing, your atty doesn't know anything about that? In my experience the Judge usually says what he feels is an appropriate amount. Then it is up to the IC to decide if they want to pay it. It is hard to help without knowing more detail.

    I know in some cases, the atty's will try to get the file approved by the Presiding Judge or a walk thru Judge if the original judge won't approve.
    I'm sorry you are having this issue, but when you have an atty, you have to work through it though them.

  3. #3
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Closing Case (Big Dog)

    I don't believe even you feel this amount to be adequate.
    And, WHAT are you going to do, after paying back that 30K, for paying for any additional treatment you will need. ?

    You've also said you are anticipating application for SSA/SSDI benefits...as your injury is significant. and the need for additional medical, you can't settle this claim until you have taken the steps to consider Medicare interests...as you will be Medicare eligible at some point.

    The rules say you can't settle because you 'anticipate' making the application for these benefits. Waiting until after a settlement can cause difficulties for you, your AA, the CA/DA...all parties.

    There are an awful lot of details in your claim, too many to provide here...but I know you are still seeking treatment per an AME report... if you have a 'denial' in hand, you may be eligible for other public benefits (medical)...go here and follow the links to see what you may be eligible for...http://www.disabilitybenefits101.org/

    The judge is looking out for your best interests here... don't try to go around him...
    MSC's are held to determine if discovery is complete in your case... possibly it's time to discuss trial with your AA...

  4. #4
    Join Date
    May 2008
    Posts
    244

    Default Re: Closing Case (Big Dog)

    i would be very pleased that the judge is saying that is'nt enough money for your inj, good luck !!

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