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  1. #1
    Join Date
    Jul 2010
    Posts
    20

    Angry Settlement Rotator Cuff Award Amount

    I am very confused . I had my nature & extent hearing my lawyer said we did really good i was awarded 567 weeks approx
    however what i don't understand where does the wage loss come in at?? As well as i can't go back to the same career ( i was a nurse ) i am on ssdi and ssi . I want to settle completely out medical and all but the amount isn't anywhere near
    what i thought and the amount of the msa is 6 figures i was told i can self admin this account and could use part of the
    money is long as i replace it though not sure about that?? My injuries are bi-lateral rotator cuff . 6 surgeries also
    fractured my knee and depression i have been out of work as a nurse for 5 years and can not return to do my restrictions.
    Also i am on pain managment and still need surgery. So for a c & r what would be a good amount to settle everything out??? Pm me for the amount they offered me didn't want to post the award amount form the commissioner . Also if anyone else has settled there case and have done a medicare set aside can you tell me about how much they gave you??/
    any help would be greatly appreciated . Also i am 42 years old if you are wondering .

  2. #2
    Join Date
    Aug 2011
    Location
    Georgia
    Posts
    800

    Default Re: Settlement Rotator Cuff Award Amount

    Quote Quoting shoulder4 View Post
    i was awarded 567 weeks approx however what i don't understand where does the wage loss come in at??
    As soon as TTD comes to an end, and you're rated for PPD or PTD, the 567 weeks in the settlement replaces the "wage loss", as well as SSDI and SSI. Now, I'm confused. Are you expecting the weekly payments to continue along with a monetary lump sum settlement, including SSDI AND SSI ?

    No offense intended, but WC wasn't intended to be a lottery. NOBODY gains what they might have earned for the rest of their life were it not for the injury.

    I could be wrong, but are you concluding that the 567 weeks represents "pain and suffering" ? There is NO such thing in WC cases.
    Last edited by LeglEgl; 08-29-2011 at 02:19 PM.

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

    Default Re: Settlement Rotator Cuff Award Amount

    maryland doesn't use wage loss.
    here are the benefits:
    http://www.wcc.state.md.us/Gen_Info/WCC_Benefits.html

    you can find out more about MSA from CMS
    https://www.cms.gov/WorkersCompAgenc...wcsetaside.asp

    the settlement value of your case is the PD value plus the medical value.
    CMS has to approve the medical settlement amount.

    you should sit down with your atty and get some realistic projections on your future financial situation before making any long range plans.
    Last edited by .SH; 08-29-2011 at 02:51 PM.

  4. #4
    Join Date
    Jul 2010
    Posts
    20

    Default Re: Settlement Rotator Cuff Award Amount

    I know its not a lottery believe me that !!! I was a nurse prior to this injury. not the 567 weeks was nature & extent that the commissioner ordered. I am on SSI and SSDI already . For me there is no amount of money that WORKERS COMP COULD PAY ME FOR ALL THAT I HAVE SUFFERED ALONG WITH MY FAMILY AND
    KIDS PROBALY NO DIFFEENT THEN ANYONE ELSE ON HERE. In MD can you admin your own CMS and exactly how does that work ??

  5. #5
    Join Date
    Jul 2010
    Posts
    20

    Default Re: Settlement Rotator Cuff Award Amount

    No lottery here. Also no Pain & suffering given either. However I am confused about the indemnity the commissioner heard the case and then she ordered the 567 weeks . Now does that include the wage loss for loosing my career ?? And no the weekly checks are over if I take the lump sum. You thoughts are greatly appreciated cause I have to make a choice soon either to settle or leave the case alone. I am also scheduled for a MRI do to increased pain in shoulders . I just thought that the lawyer and the adjuster sort out the loss of future earnings etc?

  6. #6
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Settlement Rotator Cuff Award Amount

    However I am confused about the indemnity the commissioner heard the case and then she ordered the 567 weeks . Now does that include the wage loss for loosing my career ??
    There are no monies for those items...you are compensated for loss of earning capacity, ability to compete in the open labor market... not for past/future wage loss. Or for loss of career.
    The 567 weeks is the PPD indemnity, thats it.
    If you are offered a cash lump sum payment, it's likely to be discounted, and paid in "todays dollars".
    You could negotiate a structured agreement, funded by annuity, that would provide a lifetime tax free stream of income.... IRS rules provide for this. There may or may not be a lump sum included. That's negotiated.
    Taking a cash payment looks good...but you cannot replace the weekly benefits amount by self investing, and it doesn't last as long as one may think.

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