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  1. #1
    Join Date
    Sep 2008
    Posts
    168

    Default What Happens After Trial for PPD

    Last week I had my trial for PPD and not sure what happens from here. The other side didnt argue my ratings on any of my injuries at all....my atty just said what we were there for and the other side said okay!? LOL not sure what it means but thats what happend. Anyway its been a week and I guess I should call my attorny....but you guys are quicker and more informative.

    Will the judge leave the ratings as they are? or make changes?

    It just went to easy to not worry.

    I got Voc Rehab
    Open Medical
    exact ratings from my doctor
    pain management and meds

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,017

    Default Re: What Happens After Trial for PPD

    Now the PD indemnity benefits will be paid out per the rating.
    Access to medical remains based on necessity.
    Nothing changes... but the PD does stop when satisfied.
    You need to begin a job search as soon as practical... cuz no mo money is coming after the PD is done.

  3. #3
    Join Date
    Sep 2008
    Posts
    168

    Default Re: What Happens After Trial for PPD

    Thanks BvIA!

    So they should pay based on the info from last week? do they attempt to change anything? I just dont care to try and have a negotiation...I feel like they will want me to close out my meds and open medical.....

  4. #4
    Join Date
    Mar 2007
    Location
    Georgia
    Posts
    1,928

    Default Re: What Happens After Trial for PPD

    Quote Quoting Devon View Post
    Thanks BvIA!

    So they should pay based on the info from last week? do they attempt to change anything? I just don't care to try and have a negotiation...I feel like they will want me to close out my meds and open medical.....
    And Devon you could very well be right. I settled out in Jan of this year with lifetime open med. After I agreed to the settlement the IC sent me to one of their WC whore docs that completely contradicted what the other IME's, my ATP, and PM doc said. This WC whore offered to take over my PM care I declined. He is one of those jerk arses that says only terminal cancer patients should take narcotic medications for chronic pain. I guess the rest of us have NO entitlement to any type of quality of life in his books.

    Just learned yesterday from my atty that the IC intends to file for a change of doc to their hired whore who has stated he would take me off ALL pain meds, my antidepressant Cymbalta would be changed to a cocktail of three to four other inexpensive generic meds that would do the same thing as Cymbalta which I highly doubt or my PM doc would NOT have prescribed them, and he plans to lower my Soma muscle relaxers from three a day to one a day. He said I could continue to use my PCP, (personal care doc at my own expense), for my Xanax, Abilify, and Trazadone that I take mainly for the work injury. I also take several other meds that is from my PCP and I pay out of pocket for other health conditions. I guess the IC thinks I should pay for ALL that they are responsible for.

    Their WHORE doc contradicted his self three times within the five page report he submitted. Now mind you I have been with my current PM doc for right at four years, my ATP for over 4 years, my Orthopedic Surgeon for coming on four years and this one WC WHORE doctor in less than one hour wants to make all these very serious life altering decisions for me. I guess he plans to toss the credentials of all of my other docs out the window and thinks he is the only one that knows how to do patient care.

    The IC is doing this in hopes of then resubmitting my MSA to CMS and then offer a small fraction of what I will actually need funded in a WCMSA. The previous MSA came in at nearly 3/4 of a million dollars but I have changed meds since then that has already reduced that amount substantially. I have suggested they resubmit my current meds cost but they refused to do so. Bunch or heartless Bas***** is all that IC and their hired whore doctor is.

    We plan to fight it out in court if necessary and the burden is on the IC to show cause and a damned good one to force me to change PM docs. They are screwing Medicare over worse than me so I expect that the WC judge will be looking very closely at those MSA numbers before a final decision is made.

    Don't count on that IC to live up to the initial agreement as I have found out just three months after accepting the settlement that they will waste NO time attempting to cut off the life time medical they agreed to in order to get you to sign off on the settlement. Bunch of whores all of em' IMHO.

    I hope your situation works out a bit better. But you best be prepared for some kind of underhanded cut throat actions from them once they get you to sign on the bottom line.

    TC & BW

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


    Take Care and Be Well.

  5. #5
    Join Date
    Sep 2008
    Posts
    168

    Default Re: What Happens After Trial for PPD

    Wow...SteelMagnolia!

    This is more in tune to what im expecting...they have resisted my every need and we had to fight for even TTD at every change they would stop paying. When they just agreed with everything in court I was shocked and left feeling like something ssneakiy was in the works...we'll see. thank you so much for the heads up...let me know how it all works out...good luck!


    Dev

  6. #6
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,017

    Default Re: What Happens After Trial for PPD

    If the ER/IC wants to appeal a court/judges decision, they have to have something to base it on. You can't just appeal to the next court because you don't like this decision... you have to show the judge didn't apply the statues correctly, or did not rely on the medical evidence in the decision...
    And, if there was no objection at trial... what would they have as a basis to appeal.

  7. #7
    Join Date
    Sep 2008
    Posts
    168

    Default Re: What Happens After Trial for PPD

    Clears it up! Thanks BvIA and SteelMagnolia.

    I was just unclear because Ive always expected a fight when I went to court regarding my rating....I thought we would need to argue it up as they argued it down....It didnt go that way so I thought maybe the judge could try and lower my rating (thinking she wont because of no arguement). Maybe all is well...they faught and nail then just quit. I dont get it. Maybe they are done too.

    Dev

  8. #8
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,017

    Default Re: What Happens After Trial for PPD

    ....I thought we would need to argue it up as they argued it down....
    Comp isn't like a TV courtroom drama, you don't have to argue or defend yourself...neither does the defense/ER,IC... a judge takes testimony, reviews the medical records, and issues a finding.
    WC encourages informal settlements/agreements by the parties to resolve disputed issues in a claim, including once you are MMI, and indemnity is due. When that isn't possible, you go to court and judge "agrees" for the parties. Neither is generally happy with the outcome...you think you should have gotten more, they think they pay too much.

    Now you'll be paid the weekly indemnity benefits due as ordered by the juged, and if you need further medical care...go see your DR.

  9. #9
    Join Date
    Sep 2008
    Posts
    168

    Default Re: What Happens After Trial for PPD

    Even more clear! LOL I knew the IC side was making light of my injury and obviously my side wanted to defend against the lie....so Im sure they exagerated my rating as well....I was only worried about what was fair...really! I didnt care for the game that they seemed to want to play. anyway it worked out from a seperate set of ratings that came into the mix.... I thought it was in the fair range and I will be happy if that is in fact the case....they also seem to be happy with it as the way it looks without an arguement....this is why I was worried. Everyone says both sides will not be happy and both sides at this point seem tickled pink. Either way Im spent on the deal and I wish everyone great luck. Remember the world is much more corrupt that what we think it is. My case took about two years to long and all while doctors and lawyers were making the bucks off of it. Shame.

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