California Worker's Compensation - Help For Injured California Workers

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  1. #1
    Join Date
    Apr 2012
    Posts
    3

    Unhappy How Long Does It Take an Insurance Company to Settle

    I am 26 going on 27 i was injured at work very obvious esis accpeted the claim, but would not pay me any disability they would have me followed and watched for a few months and now that i had seen the AME in December 2011, he stated i am unable to work anymore, and its just dragging along im on my 3rd attorney, because the 2 others were Dbags that didn't do jack. its been 2 years since the injury has occurred. Sadly i re-injured my arm/shoulder 1/3/12 and now i feel very useless, unable to do anything a normal person my age could do. i feel old having to use a cane to walk cause of my back. anyone else have delt with esis?

  2. #2
    Join Date
    Feb 2007
    Location
    Charlotte, NC
    Posts
    3,051

    Default Re: How Long Does It Take Esis (Ace) to Settle

    You have much more serious issues than wondering how long before the carrier settles with you.

    Workers comp cases are going to drag on, especially for folks like you who have serious injuries and serious disabilities. Your lack of patience will be a sure way to get less in your eventual settlement. You are only 2 years into the process. Hang in there until 2015 and then come back and give us an update on your case. You may be happier if you embrace the reality of the work comp system.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney at Law

  3. #3
    Join Date
    Apr 2012
    Posts
    3

    Default Re: How Long Does It Take Esis (Ace) to Settle

    they keep saying im making everything up, when 99.9% of the time im laying in bed falling off the bed to limp to the restroom to take a piss. wanted me to go back to work so i can get written up everytime i was unable to lift something over 15 pounds. im fed up, cant do nothing.

    ---------- Post added at 10:15 PM ---------- Previous post was at 10:11 PM ----------

    not to mention a busted back, shoulder, neck all tweeked... broken wrist that was not fixed right, and shoulder pain that does not enable me to do anything. so much fun.

  4. #4
    Join Date
    Oct 2006
    Posts
    9,108

    Default Re: How Long Does It Take Esis (Ace) to Settle

    you can keep trying to get legal representation.
    try work comp specialists here
    caaa.org.

  5. #5
    Join Date
    Apr 2012
    Posts
    3

    Default Re: How Long Does It Take Esis (Ace) to Settle

    i landed a great attorney, it's just esis SUCKS. the recent injury Tower Group is taking care of it. they seem much better. i was shocked when i recieved a check for disability. they are on top of things. but learning the recent injury has caused my shoulder to let my arm dislocate is not so grand, hard for me to grip things and hold on to things. i have been put back on no more than 5 pounds for lifting, when i was evaluated by the new doctor he agreed with the specialist that my left shoulder is the cause of the recent pain. it just re-adjated the previous injury. causing it to sell and knock my pain level from a constant 8 to a 10+ even with meds

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

    Default Re: How Long Does It Take Esis (Ace) to Settle

    There is never a guarantee of a cash settlement in a comp claim. WC is about paying benefits. You are capped at 104 weeks of TTD for the life of your claim (in all but the severest of injuries/illness, as defined in the labor code)

    It's up to your PTP to recommend treatment, and get the prior authorization though the UR process.
    The complaints you talk about here, unfortunately are not compensable.

    Any benefits, or even settlement you may be offered, will be based on your impairment/disability...PD/WPI rating once you are stable, or reach MMI/Max Medical Improvement. That does not mean to a pre injury condition.
    my pain level from a constant 8 to a 10+ even with meds
    A pain level of 10 would be experienced as though you had been shot in the chest, or leg taken off by a shark, your brain would tell your body to go into shock, and you'd become unconscious.
    wanted me to go back to work so i can get written up everytime i was unable to lift something over 15 pounds. im fed up, cant do nothing.
    Your PTP or the AME would be the one to make a medical determination on your ability to work, light duty/modified job, "they" want you to go back to some type of work so you are earning wages vs being paid disability benefits by the carrier.

    As you were evaluated by AME in Dec/2011, would have to presume your DOI/Date Of Injury was sometime in early 2011 or late 2010, you should apply for SDI/State Disability Ins benefits to protect your date of entitlement in the event you exhaust your TTD.

    Work injury, even at your age are often life altering... it may be you won't be able to do the things you formerly enjoyed.

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