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  1. #1
    Join Date
    Nov 2007
    Posts
    197

    Default Complwyr..I Need Your Help!!

    please help me figure this mess out!!! my attorney told me today that if i decide to not go with the surgery for right now, that i could go ahead and settle. he said that IF i later decide to have/need the surgery done...that YES my insurance co (and he named it specifically) would cover my medical....and he told me that there was some kind of a new law or statute or something that went into effect a couple of years ago stating that either private health insurances or medicare HAD to pay for these expenses once comp claims were closed out and settled. i also asked about future medical in the settlement, and he said that they only do future medical IF the iw is going to need lifetime medical treatments, and he doesnt think that i will need it.

    hes been my attorney for almost a year....and has NEVER mentioned settling....hes always talked ME out of wanting to settle to get out of it due to the lack of treatments. im coming up on a mediation hearing (that the state says we have to have) in a few months.....and i want to know the FACTS...but i keep getting told on here that im wrong, and that my attorney is wrong.

    im contemplating the surgery...disc rupture...im contemplating doing it because of the high failure rates...AND the surgeon told me that since my injury occurred so long ago, they he cannot guarantee that the surgery will end my leg pain.....so both combined....im scared out of my mind to commit to it.

    how wrong would i be to refuse the surgery? i know that if i do, that i will be stripped of my weekly checks, and be made to go look for a job....which is HIGHLY doubtful that anyone will hire me.....as my attorney told me....im not a very skilled person, (due to being a homemaker/mother most of my adult life)...and most employers are looking to hire young, healthy people...and will take them on far quicker than an injured, high risk 30sih person. so hes telling me that if im ok with refusing surgery...then take that route...because eventually they will see that im not "hireable" in the condition that im in...and that would make me eligible for disability.

    i also didnt get a clear understanding as far as case value....a few months back, he told me to not accept anything less than $100k........today.......he told me that i would be very lucky to get $75,000. he told me a while back that if i had the surgery, that that increased the value of my case......today, he said that if i had it, it would decrease my case value..if i had the surgery and recovered well.

    i want to feel that i can trust in him, and believe him.......but he has told me one thing one time....something totally different another time.......so many times, that im confused!!! and i cant seem to figure out if hes bullshitting me or that hes just guessing and assuming....i just dont know what to think anymore.

    also....as far as surgery.....i was just told this week that i need to schedule the surgery.....BUT, we are going to do pt (waiting for that to be approved and set up by wc as we speak).....i asked if it could get more pt since i had been without medical care for almost a year...he reluctantly agreed......told me that he cant guarantee that it wont make me worse..........but in the meantime, he wanted me to get the surgery penciled in on the books. my attorney told me that i dont have to be in any hurry to make that appt.....that i have awhile before the industrial commission will start making demands for me to schedule the surgery. i want to know if thats accurate as well. i dont want to feel rushed to do a surgery that i have doubts on. even if it does work...i already have arthritis in my back, and will probably get worse after surgery...as well as scar tissue issues.........so all of this is scaring me out of surgery.

    sorry for the many questions......but im just so very confused!!

  2. #2
    Join Date
    Feb 2008
    Posts
    156

    Default Re: Complwyr..I Need Your Help!!

    fairlady you need to go to cmplawyers web site because he is in and out alot.it may be another wk before he is back on.i know for a fact that he checks his email daily.if you dont have it then PM me and i will give you the info.i cant give you the info on a post because the moderator will consider it to be a refferrel.so PM me if you need it

  3. #3
    Join Date
    Feb 2007
    Location
    831 East Morehead St., Ste 355, Charlotte, NC 28202
    Posts
    3,762

    Default Re: Complwyr..I Need Your Help!!

    Sorry, have not logged in since 3/17. Fairlady, I usually ask my clients to let the process run its course. If you need medical treatment, let the comp carrier pay for it. Only after you have exhausted the immediate needs for treatment should you even consider settlement. This is general advice as every case is different. I take a pretty conservative approach because medical care is so important and so expensive. But I don't want my clients to get stuck with a settlement and a need for surgery later, that they cannot pay for. So go cautiously forward.
    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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