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  1. #1
    Join Date
    Feb 2008
    Posts
    3

    Default Settlement Questions

    Hello and thanks to anyone who can offer opinions and or advice to me. I am in TN. I have had three surgeries, distal bicep rupture 11/06, carpal tunnel, and nerve entapment 8/07, all on the same arm. I have been released from the doctor and had a rating exam on 12/07. I have received a call from the IC on 2/08 saying that they had just received the rating from my md and that I was rated at 12% loss on the upper extremity. IC says that I would be entitled to 24 wks of the max 200 but that they would give me 1.25% of that if I would settle now. [30 wks] with open medical. He seemed eager to do this quickly so I told him to fax the offer to me on paper so that I could read through it. He agreed but has yet to do that. My questions are:
    1: Is this a fair offer to settle or should I counter this offer and if so how much is appropriate?
    2: Should I receive settlements for the hand or does the upper extremity include that?
    3:Would a lawyer do any more for me as I am already going to get the 30 wks and if so would he want a % of the initial 30 wks or just a cut on any amount above the 30?
    4:How much money is the open medical worth in that I am not the same as pre injury but do not forsee any more treatment on my arm or hand. I also have personal isurance through my wifes work.

    Sorry for being long winded. I am impressed with the info being offered on these forums. I also realize that many of you have much more serious situations. Good luck to all and thanks again for any advice

  2. #2
    Join Date
    Jun 2007
    Location
    Tennessee
    Posts
    200

    Default Re: Settlement Questions

    A lot depends on whether or not you've been able to return to your pre-injury employment at a wage (hourly) that is the same or greater than you had at the time of your injury. If you did return to work, and you feel like you're doing reasonably well, I'd say the 1.25 multiplier is fine. All that does is save the IC from paying us hard working employee's attorneys out here.

    If, however, you didn't return to work, then the offer is most likely way too low. In that case, I'd definitely recommend retaining the services of a competent workers' compensation attorney to handle your case negotiations for you.

    As far as what your medicals are worth, you're not able to even negotiate a closure/buyout of those for at least 3 years from settlement. I generally wouldn't recommend doing it at all. Also, if you have a condition that is caused by the work injury, it's likely that your wife's personal health insurance will refuse to pay for it. Keep that in mind as well.

    If you would like to consult with me as a WC attorney, you can send me a Private Message, and you can call if you'd like.

  3. #3
    Join Date
    Feb 2008
    Posts
    3

    Default Re: Settlement Questions

    An update on my situation for anyone's info or anyone's offering an opinion or advice: I have received a written settlement offer of 18,000+- which is 600+-[my wc rate] x 200 wks [upper extremity] x 12%[impairment rating] x1.25 [initial offer from IC] [the cap in TN is 1.5x if you make a meaningful retun to work at your same pay or 6x if you do not make a meaningful return to work, as I understand TN wc laws]. After scouring sites such as this and the TN WC site I discovered that if you lose your job through no fault of your own within the 200 wks you are not bound by the 1.5x cap. This happened to me as my employer sold the shop and closed the doors after my last Dr visit MMI but before my impairment rating was issued. I am working now but as a subcontractor [self employed] without the secrity of being covered by WC or the assumption of a regular paycheck that I have had for the 15+ years I have worked for this employer. Tn has lifetime medical but this scares me as I expect a fight from the IC if I ever had to use it. Based on these facts and feelings I have faxed, refusing the offer and countering with 43,000.[approx 3x the gauranteed settlement][by state law]. Before I did this I was assured that I could not be awarded any less than the gauranteed [14,333+-] by the TN Dept Of Labor person that I spoke to on the phone. They told me if the IC dosen't like my offer, I could request a benefit review conference and a judge would decide. I dont see how I can get hurt and can only benefit from this course of action.
    Please if anyone sees potential problems with my strategy please voice those views here. Thanks for any opinions and good luck to all others dealing with this mess. 11\29\06 distal bicep rupture [surgery], 8\01\06 carpal tunnel , radial nerve entrapment [surgeries] 10\11\07 MMI,
    12\07 MIR exam , 3\08 written settlement offer, 3\31\08 my counter offer........................
    JLJ Your opinion is valued by me, I have read many of your posts and appreciate them.

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