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  1. #1
    dodge Guest

    Default Settlement Offer Is Too Low

    Hi ,i'm in GA . here goes my story. i had surgery on my lower back (fusion l4,5 s1)
    got through all that but still have pain.the dr. where i aws going was way out of town so he tells me i'm about as good as i'm going to get &
    that because of the pain of driving so long to get to him(100 mi.) that he wants me to come back to where i live to their place here to have functional cap. test.
    Well i get here & this dr. wants me to do more phy. fore the test
    In the mean time the dr. over there sends workers comp a paper saying he has released me with a 13 percent dis. rating.(what??????)
    RELEASED but I still hurt & i'm still under a dr. care.....i don't understand.I can't bend over,pick up stuff, even take care of my wife like I should.
    workers comp sent me a offer 30K (WHAT???) &
    my lawyer said oh about 60K would be the most
    I told him no & he said it is risky no to settle now but I know that I can't hold down a job & want to get ss . what can I do....someone please help

  2. #2
    tony Guest


    You have the same exact surgury as i did. I have a exam by a ame about 100 miles from my home in early March . I still have pain in my lower back and my legs feel weak at the knees.I can't really help,but i hope things work out for you. I hope i don't have problems also. Good Luck.

  3. #3
    mel Guest


    I just don't understand how they can tell you that your as good as your going to get and expect us to tolerate the pain.....I understand that we are from a fix it generations but there is only so much pain one can stand. I had someone tell me the other day that your brain goes through a burn out stage from the pain, then you just learn to tolerate it...I have not reached that point yet, guess I still hold out hope that something will eventually be discovered to help those of us in pain. With all the new technologies research is coming up with maybe eventually some can be helped. But then again one fears settling, then not being able to afford all these new techniques as they are discovered.

  4. #4
    adjuster Guest


    I am assuming he has placed you at MMI (maximum medical improvement) with a 13% rating. MMI essentially means the condition has reached a plateau of healing and no additional significant improvement will be made. That is not to say that you will not have any pain though. Also medical care may still be needed. As for settlement if you are no comfortable with the amount then don't do it.

  5. #5
    dodge Guest


    adjuster , thanks for reading my post
    yes it did say MMI on the paper.My lawyer came up with this crap about if I don't settle now that my case won't be worth nothing. I told him "but I still hurt & they are just going to hang me out to dry"!I said if I settle with them can I get my medical paid for still he said no.

    see what I am getting at is the fact that I still
    hurt & that down the road it might break a bolt or somthing & i'll be stuck with the bill.

    the other surgery was $100,000 & I settle for x amount & then have to do it again i'll be bankrupt !!!!!!

    how the dr. came up with 13% i'll never now. ther was no functional capacity test or anything
    it's like I said he sent me to another dr. closer home & before I could even see him the other dr. send comp. a letter saying 13%. i just don't understand ?????

    I also thought I might could get ssi or retrained doing a little somthing but my lawyer said no way wwould I get ss dis.
    like i have told them idiots I WILL NOT BE ABLE TO HOLD DOWN A JOB !! ( can't sit long,can't stand long & where in the world would i get a job laying down all day or sittng a few min. & then standing?)

    can you give me any advice.....please

  6. #6
    fraley Guest


    Your attorney sounds like he wants the easy way out. You can have open medical it is your choice not his. When you settle you are givin option of getting paid for future medical in lump sum(which will be an amount that is ridiculous ie. 10k)Or taking future medical that will cover dr appts.,therepy,surgeries. Your lawyer loses money when you take future medical treatment and refuse the lump sum. He sounds like a disgrace to human kind. My brother had a lawyer who told him the same thing yours did about settling now ,because if you wait you'll get less. Thats a crock of shitt. He wants you out of his hair. Don't do anything that you don't feel will be to your benefit. He won't have to live with the pain you have the rest of your life. Good luck.

  7. #7
    hurtbywc Guest


    dodge - Here we go again the famous ole 'lawyers' specializing only in workers compensation.....through the bum out as fast as you can. "No way would I get ss dis"- How in the --- does he know that??? From decades of experience with these 'specialist' lawyers, I know they need to be watched closely because they are as bad as the wc system itself. You are the boss and don't ever let them take total control. I was so badly hoodwinked and sold out by a lawyer before I learned my lesson and everything was beyond reconciliation and repair. Their are good and bad so you need to sort the wheat from the chaf in your selection. Wish you luck.

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