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  1. #1
    Join Date
    May 2013
    Posts
    4

    Angry I Want to Settle

    I was wondering can my attorney ask to settle my work comp case even before the insurance company offers. I have a rare injury and there is only one person that does the surgery for comp in pittsburgh. Now if I don't have the surgery will that make my case more valuable in the end. The reason why I want to settle is because my adjuster is a complete and total moron and the rudest person that I have ever meant. I just want to move on with my life.

  2. #2
    Join Date
    Feb 2007
    Location
    Charlotte, NC
    Posts
    3,062

    Default Re: I Want to Settle

    Talk to your lawyer. (NOT the adjuster) Hopefully you are not posting under your real name.
    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
    May 2013
    Posts
    4

    Default Re: I Want to Settle

    Quote Quoting complwyr View Post
    Talk to your lawyer. (NOT the adjuster) Hopefully you are not posting under your real name.
    No I'am not posting under my name and I just hired my lawyer because of all the problems I have been having

  4. #4
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: I Want to Settle

    Sure, your atty can send a demand/offer letter to settle out the claim
    Now if I don't have the surgery will that make my case more valuable in the end.
    Not necessarily, and that's not a reason to settle a claim, or refuse treatment/surgery.
    The reason why I want to settle is because my adjuster is a complete and total moron and the rudest person that I have ever meant. I just want to move on with my life.
    No reason you should be talking to the CA/Claims Adj, that's why you have an attorney.

    Cashing out future medical will never, ever provide sufficient funds for surgery, plus the other services you may require post op.

  5. #5
    Join Date
    Dec 2007
    Location
    Tunkhannock, PA
    Posts
    1,104

    Default Re: I Want to Settle

    A case can be settled at any time so long as both sides agree on a number. As to surgery, the specter of future surgery can add value, and a failed surgery can add value. If a surgery is successful, which is what you would want, this would actually reduce value since it would increase your ability to perform work and your earning potential.
    Timothy D. Belt, Esquire
    Helping injured workers in Northeast Pennsylvania.
    belt-law@belt-law.com
    www.belt-law.com

    DISCLAIMER: This post is intended as general information applicable only to the state of Pennsylvania. The information given is based strictly upon the facts provided. This post is not intended to create an attorney client relationship, or to provide any specific guarantee of confidentiality.

  6. #6
    Join Date
    May 2013
    Posts
    4

    Default Re: I Want to Settle

    I think you guys are misunderstanding me or I didn't make it clear. I don't want the surgery because anyone that has this surgery has a total hip replacement within five years. I also want to go to a state where there is more then one specialist. I'am not in this for the money at all I just want to move on with my life.

  7. #7
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: I Want to Settle

    I don't want the surgery because anyone that has this surgery has a total hip replacement within five years.
    I don't know that would be a valid reason for refusing treatment.
    You haven't indicated what your injury is, or the type of treatment being recommended...but that may be exactly what you need in order to get back to gainful employment.

    You asked...
    Now if I don't have the surgery will that make my case more valuable in the end.
    but now say
    I'am not in this for the money at all I just want to move on with my life.
    As you have an atty, there is no reason for you to be in contact with the (supposedly rude) CA...let your atty handle that.

    What is stopping you from moving on with your life? Don't let this claim control you...get the recommended treatment, and hopefully get back to work sooner than later.

  8. #8
    Join Date
    Oct 2006
    Posts
    9,108

    Default Re: I Want to Settle

    the law doesn't require a "valid" reason for a patient choosing not to have surgery.
    if it's recommended and you choose not to, it might be worth some $$ but they are not going to pay you full value for treatment you are not going to get.

  9. #9
    Join Date
    May 2013
    Posts
    4

    Default Re: I Want to Settle

    [QUOTE=BvIA;188216]I don't know that would be a valid reason for refusing treatment.
    You haven't indicated what your injury is, or the type of treatment being recommended...but that may be exactly what you need in order to get back to gainful employment.

    My injury is a tear in my labrum in my hip and four bulging disc which is causing sciatic nerve problems. Now where I live there is only one person that deals with a labrum tear on comp. And who ever has that surgery has a total hip replacement with in five years. Please don't get me started on back surgery. As far as treatment I have done it all injections to pt and so on so that is out of the question.

    Now as far as the case worker maybe it is not fair to call her rude. I just get frustrated because I have been to so many appointment that it is crazy and I just want this over with

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

    Default Re: I Want to Settle

    Now as far as the case worker maybe it is not fair to call her rude. I just get frustrated because I have been to so many appointment that it is crazy and I just want this over with
    Ok, then what? Are you prepared to pay out of your own pocket for any further medical you may require, including surgery?
    Now where I live there is only one person that deals with a labrum tear on comp. And who ever has that surgery has a total hip replacement with in five years.
    That may well be the recommended treatment for your type of injury, but because others have experienced this, doesn't mean you will.

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