Page 1 of 2 12 LastLast
Results 1 to 10 of 12
  1. #1
    Join Date
    Apr 2007
    Location
    Johnson City, TN
    Posts
    8

    Default WC Benefit Conference



    My attorney contacted me yesterday and advised we will have a phone conference next Thursday to come up with a settlement. I don't know what to expect, as I felt there would be a meeting in person rather than, via phone.

    Also, my employer has been jumping through hoops to help me this past week, including the HR director, which is rare. I was in the process of getting another position in another city and this did not transpire and my supervisor stated he did not want to lose me. Weird huh!

    I am the person who posted before with the broken foot and was denied as a WC due to doctor stating it occured due to my being a diabetic. My wife's insurance did pay some but our up front was $2,500 and we could not meet that. I was out of work from April - August of last year and we incurred lots of medical bills and I did use saved vacation and sick time to continue getting a pay check. My wife is disabled and had to bath me everyday for a month as I could not put weight on my foot at all. My attorney advises the time used with come in monatary rather than my sick time restored. I don't know what is a fair amount to settle for? Please advise me and thanks so much.

  2. #2
    Join Date
    Oct 2006
    Posts
    9,073

    Default Re: WC Benefit Conference

    take the amount of your rating. Add the value of your future medical and any oustanding reimbursements or overdue disability. Do a present value calculation on the total with a 6% discount rate.

  3. #3
    Join Date
    Jun 2007
    Location
    Tennessee
    Posts
    200

    Default Re: WC Benefit Conference

    There's no formal discount for lump sum and present value in Tennessee.

    Your claim has a lot of variables that make it difficult to accurately value. You have to take into consideration the prospects that your injury could be found to not be work related and thus you get $0, while also considering the severity of permanent impairment and loss of future employment opportunities.

    Your Charcot's Foot makes for a tough WC claim. You should have a better than average chance of getting most of what you'd get if you went to trial. However, in your case, there's probably some need to moderate your position given that there's at least a small chance that you could get nothing.

    Make your lawyer lay out the math of any proposed settlement to you in detail. Good luck.

  4. #4
    Join Date
    Apr 2007
    Location
    Johnson City, TN
    Posts
    8

    Default Re: WC Benefit Conference

    I will not receive a rating as the doctor blames the break on diabetes even though I was working at the time of the accident. My supervisor signed the wc accident report, the first dr visit was paid by wc insurance and then the doctor stopped it and here I am at this point. Thanks!

  5. #5
    Join Date
    Mar 2007
    Location
    Georgia
    Posts
    1,923

    Default Re: WC Benefit Conference

    Granted I am NOT a doctor but how did diabetes "break" your foot? Cause a delay in healing sure but break it! Just dosen't make sense to me, but then it wouldn't be the first time something didn't make sense to me. Do you actually have the degree of neuropathy in your feet to justify a diagnosis of Charcot's Foot? Or is this something that one with diabetes has even if they aren't having the neuropathy? Seems to me that this would be viewed as as aggravation of a pre-exsisting, such as ddd and a new or aggravated injury to the spine. But then who am I? I know several people that are diabetics. Some with mild cases controlled only with diet and exercise. Two that are severly diabetic and on large does of insulin. One of which is also on oral anti-diabetic meds in addition to the injectable insulin to keep her levels under control. None of the diabetics I know have ever had a broken foot from the diabetes or otherwise. It just seems odd to me.

    Good luck to you with the settlement and I hope your attorney is REALLY looking out for your best interests.

    Steel
    Last edited by SteelMagnolia; 08-02-2007 at 11:16 AM.
    "He who is his own lawyer has a fool for a client"
    Abraham Lincoln


    Take Care and Be Well.

  6. #6
    Join Date
    Jun 2007
    Location
    Tennessee
    Posts
    200

    Default Re: WC Benefit Conference

    Sounds to me like you're not likely going to settle your case via Benefit Review, since there's no medical impairment (and you're doing it by phone, which is somewhat unusual, BTW).

    I'd guess that the maximum they'll offer you is just shy of $5000, which is the statutory maximum for a claim that is considered "Doubtful and Disputed." (D&D) The statute won't allow you to settle for more than that amount and still be D&D

    One thing to keep in mind with "doubtful and disputed" settlements is that you're closing EVERYTHING out to settle that way. Any TTD, past medicals, future medicals, and/or PPD would be closed out.

    In your case, it's possibly an OK deal, but if you have a lawyer that's on his/her game, it might not be a good deal. You're in Memphis, as I recall. The courts down there are typically pretty good to employees in workers' comp cases.

    I'd suspect that the BRC is just a formality to allow you to reach an "impasse" so that your lawyer can file a lawsuit. Of course, your employer can actually file the lawsuit first, trying to get a better court, so watch out on that.

    It well could be an aggravation of a pre-existing condition, if you didn't have the signs of Charcot's prior to the injury. If that's the case, I'm sure a good IME doc in Memphis can help you out with getting a rating. The general rule in Tennessee is that the employer takes the employee as they find them, or as I like to say, with all the "lumps, bumps, and bruises" they already have. If something at work makes it worse, then the employer should be stuck with it.

    Again, good luck.

  7. #7
    Join Date
    Apr 2007
    Location
    Johnson City, TN
    Posts
    8

    Question Re: WC Benefit Conference

    JLJ: Thanks and other's also thank you. I am in Johnson City and work for the city as an inspector and was performing my job climbing up a muddy bank (due to the contractor, who did not provide a clear way in for inspection). I was never diagnosed with Charcot foot prior to the visit with the broken foot. I was under a doctor's care and the diabetes was diagnosed as mild only (border line). The injury did occur while performing my job for the public. My own supervisor completed the wc form and explained how the injury occurred. Guess we will just wait and see Thursday what happens. Again, thanks

  8. #8
    Join Date
    Mar 2007
    Location
    Georgia
    Posts
    1,923

    Default Re: WC Benefit Conference

    Good luck to you on Thursday OMP. From your original post I definately wondered where that crapola was coming from. I guess they figure any excuse is better than none. Anything to get out of paying what is due and doing so in a timely manner for some of um Gurrrrrr.

    Take Care

    Steel
    "He who is his own lawyer has a fool for a client"
    Abraham Lincoln


    Take Care and Be Well.

  9. #9
    Join Date
    Jun 2007
    Location
    Tennessee
    Posts
    200

    Default Re: WC Benefit Conference

    Sorry for completely getting your corner of the state wrong. Oops. So many cases, so little time...

    The TDOL office in Kingsport would be the one handling your case, and the mediators "Specialists" in that office are pretty good at getting parties to agree to settlements when both sides are willing to be reasonable.

    The courts in your area are pretty good for you, if you have to file a lawsuit to secure your WC benefits. There's also a well-known Independent Medical Evaluator in your area that performs hundreds of WC IMEs every year for injured workers' cases. He's excellent in deposition (I know, I've had to cross examine him for the IC side plenty of times and he's tough).

    At any rate, good luck with your case. BTW, you should expect your lawyer to provide you with all of this information you want about your case. That's a big part of why you're paying him/her. You're the customer, and you're entitled to that.

  10. #10
    Join Date
    Aug 2007
    Posts
    374

    Default Re: WC Benefit Conference

    Using diabetes is the way the insurance companies work. Were you limping before you broke your foot? Using that as an excuse makes no sense. If they didn't have that to fall back on, they would have said it was a childhood injury. That is one of their favorite excuses to try to get out of it.
    Lue

Similar Threads

  1. Replies: 1
    Last Post: 10-10-2009, 03:20 PM
  2. Benefit Review Conference
    By hadit in forum Tennessee
    Replies: 2
    Last Post: 09-05-2009, 05:02 AM
  3. Benefit Review Conference
    By Doni in forum Tennessee
    Replies: 0
    Last Post: 02-08-2008, 06:14 AM
  4. What is a Benefit Review Conference
    By supertrucker in forum Tennessee
    Replies: 4
    Last Post: 07-20-2007, 03:44 AM
  5. Benefit Review Conference
    By Unregistered in forum Legal Issues
    Replies: 5
    Last Post: 01-05-2007, 08:32 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 


Find a Lawyer