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Thread: WC Settlement

  1. #1
    Join Date
    Mar 2009
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    22

    Default WC Settlement

    How long does it take WC to respond to a settlement offer? They asked me to start with an offer and I sent them a letter with the proposal (with delivery confirmation) and faxed it as well. I requested they respond within 30 days. Realistically though...how long does it take and is there a time limit for them to respond?
    Oh and are there ombudsmen for injured workers in the state of Montana?

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
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    Default Re: WC Settlement

    Because you were requested to submit a proposal for a settlement to your claim doesn't mean the IC has to accept, or reply if they are not interested.
    Even your 30 day request has no bearing on a reply.

    Have you had a medication/pre trial conference ?
    General information about the court is here...http://wcc.dli.mt.gov/whoweare.asp
    If you are 'pro se', you can find information on how to represent yourself here...http://wcc.dli.mt.gov/tools/prose_guide.asp

    Call the WC court for information on ombudsman.

  3. #3
    Join Date
    Oct 2006
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    9,108

    Default Re: WC Settlement

    if you gave them 30 days you should withdraw the offer in writing after time expires and file for a hearing with a comp judge. don't make another offer until they have responded.

  4. #4
    Join Date
    Mar 2009
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    22

    Default Re: WC Settlement

    Quote Quoting BvIA View Post
    Because you were requested to submit a proposal for a settlement to your claim doesn't mean the IC has to accept, or reply if they are not interested.
    Even your 30 day request has no bearing on a reply.

    Have you had a medication/pre trial conference ?
    General information about the court is here...http://wcc.dli.mt.gov/whoweare.asp
    If you are 'pro se', you can find information on how to represent yourself here...http://wcc.dli.mt.gov/tools/prose_guide.asp

    Call the WC court for information on ombudsman.

    They asked for the settlement offer during mediation. They brought it up first, were nice about it, said they just want to settle with me. Does this make a difference?

  5. #5
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    Feb 2007
    Location
    Calif
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    Default Re: WC Settlement

    They asked for the settlement offer during mediation. They brought it up first, were nice about it, said they just want to settle with me. Does this make a difference?
    No... there is still no statutory timeframe that mandates a response to an 'offer' to settle a claim.

    If you/IC agreed, and signed a settlment agreement, then the judge/mediator would review for adequacy, and then there would be a timeframe to pay you...probably 30 days or so.

    don't make another offer until they have responded.
    That's probable a good idea... I wouldn't make another offer as they haven't addressed this one. You should also probably expect a lower counter offer to yours... they just wanted to see about how much you think this is worth... typical...the IC isn't about to make the first offer, you might accept less... at this point, they know pretty much where they stand.

    You don't have to withdraw this offer...IF they respond...you don't have to respond to them either...unless it's something you wish to accept.

    You should consider very carefully what your future medical needs may be before you accept any offer that rids the IC of liability for additional medical treatment....If you do need more in the future...it's gonna be out of your pocket.

    If you are Medicare eligible... that would be a WHOLE different story here.

  6. #6
    Join Date
    Oct 2006
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    9,108

    Default Re: WC Settlement

    I don't think it'll make much of a difference in how long it'll take.

  7. #7
    Join Date
    Mar 2009
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    22

    Default Re: WC Settlement

    Quote Quoting BvIA View Post

    You should consider very carefully what your future medical needs may be before you accept any offer that rids the IC of liability for additional medical treatment....If you do need more in the future...it's gonna be out of your pocket.

    If you are Medicare eligible... that would be a WHOLE different story here.
    Long story short, back injury was 3 years ago. Was closed after half a**ed attempt to heal me by a physicians assistant (no MRI, no X-ray), I tried to reopen it, WC gave me the run around for over a year before they let me see a doctor. Afterwards, they denied it, stating other things were causing the pain..even though the doctor said it was the injury causing the pain and those other things were just aggravating it (i.e. posture and breast size). I got another doctor who said the same thing, they still denied it. We went to mediation, they offered to settle. I’m including future medical costs in my settlement…pretty much everything both doctors recommended I have done (i.e. steroid shots, physical therapy, massage therapy, surgery, etc.). Also in there is permanent partial disability…I never had an MMI done…WC pretty much closed the claim and never contacted me about it again until I tried to reopen it. Does this sound right?

  8. #8
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    Calif
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    Default Re: WC Settlement

    Also in there is permanent partial disability…I never had an MMI done…WC pretty much closed the claim and never contacted me about it again until I tried to reopen it. Does this sound right?
    It sounds right... though you are NEVER going to get money for treatment you may need in the future from the ER/IC in this claim.

    If you don't pursue the treatment/benefits you are in need of now... you may as well not accept any money for medical, and in doing so, a "0" allocation will show in the settlement documents...and you can use your personal health coverage for treatment.

    You don't have a lot of options unless you handle the medical now.
    Just because they offered to 'settle' in mediation doesn't mean you can't take this further... but again, everything is going to be based on medical evidence...which it would appear you have in the doctors reports.

  9. #9
    Join Date
    Mar 2009
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    22

    Default Re: WC Settlement

    [QUOTE=BvIA;113192]though you are NEVER going to get money for treatment you may need in the future from the ER/IC in this claim.

    If you don't pursue the treatment/benefits you are in need of now... you may as well not accept any money for medicalQUOTE]


    I'm confused, you state I'm not going to get money for future medical, but then say I may as well not accept any money for medical.
    Does this mean I can get money for medical or not...?
    The medical is current, needed now, I'm in pain...is this considered future medical?
    I thought of future medical as something like in ten years I may or may not need further medical.
    Is there a difference?

  10. #10
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: WC Settlement

    I'm confused, you state I'm not going to get money for future medical, but then say I may as well not accept any money for medical.
    Sorry, I left out a word there... ''enough''...you will never get enough money to cover the future medical needs you may have...

    The medical is current, needed now, I'm in pain...is this considered future medical?
    I thought of future medical as something like in ten years I may or may not need further medical.
    Is there a difference?
    "future medical'' is any treatment you may need after you settle the claim...whether that is by Stipulation, or C&R...

    …I never had an MMI done…
    If you were never rated for PD/Permenant Disability, HOW can you determine the amount of money you are considering for ''Also in there is permanent partial disability...''
    PPD money is the initial consideration for any settlement.
    I’m including future medical costs in my settlement…pretty much everything both doctors recommended I have done (i.e. steroid shots, physical therapy, massage therapy, surgery, etc.).
    If you are SWAG'ing the costs of those items... you aren't going to see that money... the IC isn't going to give you money for some treatment you 'might' have...

    As I said, get the treatment now, even if you have to take this to court... and get a judge..Just because they said they wanted to settle at a mediation...and have denied treatment, that is not the end... not until a judge makes the determination/award.

    I don't know what you are anticipating for medical here... but you'll probably be lucky to see about a couple grand at most...certainly not anywhere near 100K...which is probably what those items will cost... or MORE>

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