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  1. #1
    Join Date
    Feb 2009
    Posts
    4

    Default Judge Denied Settlement Offer

    Hi,

    I am new here. I know no one can answer for sure. But, what is the rule of thumb? Why did the Judge decline the settlement offer and request a "urgent hearing"? Offer to low or to high?

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,021

    Default Re: Judge Denied Settlement Offer. Question?

    It would be doubtful any settlement agreement would be found to be too high.

    All settlements are reviewed by a judge at the WCAB for adequacy to the IW. This is done to ensure you are not jumping at a lump sum cash payment to walk away from the claim with out getting the full value and compensation/coverage you are due, due to the injury.

    At this point, if a formal rating hasn't been performed by the DEU, that will be done, as this is the ONLY rating a judge can consider in a Finding and Award/Order, or to consider the adequacy in a settlement.

    There is no 'rule of thumb' or average, norm...or other way to make a comparision to your claim vs that of another applicant.
    This delay is however in your best interest...

  3. #3
    Join Date
    Feb 2009
    Posts
    4

    Default Re: Judge Denied Settlement Offer. Question?

    Thanks. I feel better. I did jump at it. Being honest. It's been two years and I didn't receive a dime. Then after a doctor gave me % of disability an offer came in. I declined. Another offer came in a few thousand more. After loosing my house and both our cars repo'd we took it to move so we would have a place to live. We thought we would have a check quick. But, that was six months ago! I called the lawyer (pain) and he knew nothing. So, I called the court house or what ever. The lady was nice and said we had a court day coming up and it was an "urgent" one. I asked if all court dates are "urgent" ones? She said no. I called the lawyer and left him a message with his secratary.
    Last edited by JeepCJFan; 02-17-2009 at 01:02 PM.

  4. #4
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,021

    Default Re: Judge Denied Settlement Offer. Question?

    I'm sorry for your difficulties...
    But a settlement isn't just about the money in a lump sum payment.

    If there is a consideration to additional medical treatment, then that may be a reason behind the judges decision to move in another direction.

    Once you take the cash...you are responsible for ANY and ALL further treatment to your injury out of YOUR pocket. NO other IC is going to pay for treatment where a 3rd party, your ER/IC is liable, or where you have been compensated for the medical already. And if you were to permit this to happen...it could be viewed as fraud on an insurance carrier.

    after a doctor gave me % of disability an offer came in. I declined. Another offer came in a few thousand more
    When an IW doesn't have an attorney to represent them in their claim, it would not be unusual for the ER/IC to take advantage of that situation and low ball an offer...low enough where the judge takes the steps you are seeing now. THAT is the reason for judicial review for adequacy...and so YOU know what is going on with the shitty offer you received... and the next offer will no doubt be just as shitty...

    Why did you not have an attorney in your claim...?

  5. #5
    Join Date
    Feb 2009
    Posts
    4

    Default Re: Judge Denied Settlement Offer. Question?

    I do actually. Sorry. I edited it after your reply but before yours posted. I am on Medicare (before injury). Maybe that has something as well? They know I am (was). So, I will go in there too, or another hearing without me while I wait in the hall way..lol So, it's either the writing (so it doesnt effect my medicare) regarding claim or offer is to low. Does the Judge offer what he will accept to move this along?

    Thanks for your posts.
    Last edited by JeepCJFan; 02-17-2009 at 01:14 PM.

  6. #6
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,021

    Default Re: Judge Denied Settlement Offer. Question?

    As you are Medicare eligible and/or are receiving Medicare benefits you CANNOT settle your claim until you have taken the steps to protect Medicare interests... that means the possibility of a WCMSA a setaside account...

    You have a lot more issues here than just that lump sum payment to consider....there are a lot of posts about setaside accounts under the Disability Benefits board....

    Go read up on this, and come back with your questions...you're going to have a LOT more to ask about here....

  7. #7
    Join Date
    Feb 2009
    Posts
    4

    Default Re: Judge Denied Settlement Offer. Question?

    Ok. Sad part the settle was soooo low they will set most aside then. If that is the case, then I need to decline it.

  8. #8
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,021

    Default Re: Judge Denied Settlement Offer. Question?

    The settlement offer yoiu received/declined...did NOT take into consideration the need for a setaside account.

    You DON"T settle any claim that presents the need for a WCMSA until all of the issues have been taken into consideration...

    You don't enter into negotiations here until YOU fully understand the process...go here...http://www.jjcelderlaw.com/SettlementProcessMSABull.htm and you can begin reading up on this, and getting a grasp of what's involved.

    DO NOT accept any offer until you have fully comprehended this issue.
    There is much more involved here that what appears on the surface. You run the risk of loosing Medicare benefits, and possible your entire settlement amount being determined to be for 'medical reimbursement' if you handle this poorly.

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