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  1. #11
    Join Date
    Oct 2014

    Default Re: Herniated Disks, SAIF and Settling

    I have the unfortunate experience of dealing with SAIF. I would recommend that you speak with a OMBUDSMAN for injured workers. During my 7 years and counting, found them to be the best resource. I had no idea Oregon even had such a thing until my Aunt said they had such a person in CA and OR might have someone too. I am sorry to hear that you and your husband are dealing with SAIF.

    In my experience with 2 claims working on 3rd, SAIF responds better if you have a lawyer. I did not have a lawyer for my first claim, thought about it but figured SAIF would look out for me. I had a lawyer for the 2nd claim and she was great she used to work for the insurance companies and knew the "ins and outs". I found that the lawyers only get paid if there is a settlement in your favor, and only take a percentage of the award.

    My experience with this 3rd issue has been without a lawyer denial of the additional request to the claim. Once I had a lawyer the IME took place which was 5 months after my injury and the doctor did not have time to go through my pages and pages of SAIF paperwork. I told him my surgeon was requesting an artificial disc and his report basically went on about how artificial discs are not approved to be placed next to a level with a fusion. Because my lawyer knew the game he has since gotten a second IME scheduled to break the tie between what my doc wants for me and what the IME doc said.
    SAIF prefers to settle rather than go to court so they are currently trying to see how to settle my claims and any future issues I may have. I wish you the best in your claim and hope that you get the attention you need. I would also suggest looking into other discussion forums like spine-health.

  2. #12
    Join Date
    Feb 2007
    831 East Morehead St., Ste 355, Charlotte, NC 28202

    Default Re: Herniated Disks, SAIF and Settling

    If he was my client here in NC, I would file for a hearing (in workers' comp court) and litigate the denial.

    You may need to find a new lawyer who is actually willing to climb the tree to get the whole crop off the tree, instead of just standing under it picking off the low hanging fruit. Get my drift?
    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 and Board Certified Specialist in NC Workers' Compensation Law

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