Florida Worker's Compensation - Help For Injured Florida Workers

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  1. #1
    Join Date
    Aug 2007
    Location
    USA
    Posts
    14

    Default Settlement Not Coming

    I'm in Florida, hurt on the job six years ago. I was forced to retire from my job two years before hitting my 20 years in. Guess the best thing is that I still had my W/C coverage. My injury was diagnosed as RSD and about a year ago W/C decided to have a private mediation in which the terms were to settle with an undisclosed amount and MCR coverage. Now, the other thing was W/C was supposed to send CMS notification to get me approved. Seems w/C has been at a snails pace with their word. Also, they have been trying to change the settlement agreement that was signed as well. They now want me to basically sign a blank check stating if CMS comes back wanting more money "I" will be totally responsible for the amount. My attorney tells me that I just have to wait it out but I won't sign a blank check.

    So let's tally up the situation: 6 years on w/C
    Over 1 year waiting for settlement

    Yes, my medical is still covered. I would like my attorney to be more aggressive with the other side. I'm told if he gets them mad they have the right to pullout of negotiations and I lose everything. Is this really true? He seems to play ping pong emails with the W/C attorney who basically refuses to give information. What can I do? Is there anything I offer to my attorney who can get the ball rolling? I would love for him to petition the courts. Is there anyway I can contact CMS directly to find out information? If so, what number do I call? Any assistance would be greatly appreciated.

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

    Default Re: Settlement Not Coming

    You should have been asked to signe a SSA/CMS information/status release...not much of anything can happen until that is determed
    A WCMSA proposal would have to be calcualted...sent to CMS for review..and they don't review all proposals...you'll receive a letter from CMS once the MSA is approved. YOU should NOT agree to fund ANY of the future medical contained in the MSA.

    There is no guarantee of a cash buyout in a comp claim... as I recall...FL has a 30 day cooling off period before any agreement becomes final. Either side can pull out.
    Its not about getting them mad..the ER/IC is anxious to resolve and close the claim just as you are... everything in WC moves slowly.

    No... your contacting CMS won't move anything faster.

  3. #3
    Join Date
    Oct 2006
    Posts
    9,108

    Default Re: Settlement Not Coming

    Quote Quoting Redswan View Post
    I'm in Florida, hurt on the job six years ago. I was forced to retire from my job two years before hitting my 20 years in. Guess the best thing is that I still had my W/C coverage. My injury was diagnosed as RSD and about a year ago W/C decided to have a private mediation in which the terms were to settle with an undisclosed amount and MCR coverage. Now, the other thing was W/C was supposed to send CMS notification to get me approved. Seems w/C has been at a snails pace with their word. Also, they have been trying to change the settlement agreement that was signed as well. They now want me to basically sign a blank check stating if CMS comes back wanting more money "I" will be totally responsible for the amount. My attorney tells me that I just have to wait it out but I won't sign a blank check.

    So let's tally up the situation: 6 years on w/C
    Over 1 year waiting for settlement

    Yes, my medical is still covered. I would like my attorney to be more aggressive with the other side. I'm told if he gets them mad they have the right to pullout of negotiations and I lose everything. Is this really true? He seems to play ping pong emails with the W/C attorney who basically refuses to give information. What can I do? Is there anything I offer to my attorney who can get the ball rolling? I would love for him to petition the courts. Is there anyway I can contact CMS directly to find out information? If so, what number do I call? Any assistance would be greatly appreciated.
    for injured workers that wish to manage their own case they can substitute out their atty and represent themselves.
    you don't have to have a law degree or pass the bar to handle your own claim.
    you should also contact a few other attys and see if another will be better for you.

    as with all attys, judges, adjusters etc. they have to work in the system every day and long after your case has gone. they are not going to do anything that will make their future working relationships more difficult.
    you may not appreciate how smoothly your case has gone but it was likely helped by your attys good reputation among those he works with regularly.
    if you want an atty that doesn't care about that try some from out of town.
    Last edited by .SH; 08-13-2011 at 07:21 PM.

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