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  1. #1
    Join Date
    Apr 2008
    Posts
    11

    Default End is Near After 3 Years

    I decided to come on the site to see if people are going through what I had gone through..and unfortunately things haven't changed much!!!I can't believe I last posted 7/2008 and here it is 1/2010 and I am still waiting for a settlement. 12/09 I was finally able to return to the job I love...flying for a major carrier..After being out since 6/2007. I was out that long because Gallagher Bassett refused to send me to a neurologist..kept sending me to orthopedics..when it turns out I have nerve damage in my neck!!So my pain management Dr. ..who GB sent me to...finally gave me shots in the right area and I felt human again...after 1 1/2 years of pain. After flying again for a year, it still bothers me on rainy days or on descent in the air...but I will live with it. I went to my Dr months ago and their Dr. the beginning of December..my lawyer has a court date of Jan 21 to discuss settlement...is the end near???Please say it is!!! Anyway..I didn't need surgery so I am a lucky one..but the Dr. said I will need shots from time to time. Oh well..anything to keep my job!! Hang in there everyone...eventually you'll have your day in court!!!
    Does anyone know if your settlement amount takes into consideration how long you were out with the injury...or is that not considered??Just wondering...

    Acbelmar

    PS I forgot..the judge told my lawyer we should sue Gallagher Bassett personally for how they handled my case. They have a horrible reputation..I feel bad for anyone dealing with them..

  2. #2
    Join Date
    Jul 2008
    Location
    ca
    Posts
    857

    Default Re: End is Nearafter 3 Years

    I am so happy for you. What an awesome feeling to be back at the job you love. Thanks for sharing, good luck with dealing with the IC

    Congratulations
    Never doubt that a small group of thoughtful, committed citizens can change the world...indeed...its the only thing that ever has - Author Margaret Mead

  3. #3
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,943

    Default Re: End is Near After 3 Years

    Does anyone know if your settlement amount takes into consideration how long you were out with the injury...or is that not considered??Just wondering...
    No... indemnity money is based on the permenant partial disability/impairment due to your injury. A rating for impairment will determine the number of weeks indemnity due.

    There are lots of IW's who have no residual impairment once released to RTW, with no restrictions... that would mean no settlement. But access to future medical based on necessity.
    PS I forgot..the judge told my lawyer we should sue Gallagher Bassett personally for how they handled my case. They have a horrible reputation..I feel bad for anyone dealing with them..
    "should" and "can'' are significantly different.

    WC being no fault, and the filing a claim for benefits being the exclusive remedy in all but the rarest of cases... once the IC accepts the ER's claim, the IC becomes the ''employer'' for the duration of the claim... therefore, exclusive remedy extends to the carrier.

    In your case... appearantly your ER is legally self insured...GB is a TPA/Third Party Administrator hired by SI's to handle their industrial injury/illness.
    GB pays the benefits, but the money actually comes from your ER.
    In all be a very few states a claim of 'bad faith' is nearly impossible in WC. On top of that, you would have to actually prove GB and/or your ER engaged in the bad faith activity. Difficult. And, potentially costly.

  4. #4
    Join Date
    Jan 2007
    Location
    PA, but worked in NJ
    Posts
    821

    Default Re: End is Near After 3 Years

    Acbelmar

    Yes congratulations on your recovery and return back to your great job that you love. You are fortunate to not have scaring on your nerve that sends pain signals to brain as that is the root of many chronic pain issues. Certainly a yr and 1/2 is long enough to scar.

    Well I dont want to be discouraging but if you just saw the ins dr for your rating you still have some time to go. The good thing about NJ is that your case is called about every 3 weeks to see if both sides are ready to move forward this is called rotation. So anything is possible??? But I'd say you still have a way to go before this is over. The case load will also play a role in your pending disposition.

    Your settlement is solely based on your rating of impairment. However in a way your total wc payout will be larger as I assume your work agreement had something to do with your continued TTD during your corrective care which lasted years but your settlement part is based on impairment only.

    Again it must be due to your work agreement wording that had the JUDGE state "the judge told my lawyer we should sue Gallagher Bassett personally for how they handled my case" as I dont see any other reason for this to be said as there is no recourse for how a case is handled under NJWC other than filing a motion for due benefits. I agree with the opinion that suing for bad faith is pertner unheard of in NJ!!!!

    Good luck in your returning to the "friendly" skies. I am sure soon this will be pushed to the back of your mind as you get your life back in a normal swing. You may not feel fortunate but your situation is more so than most others. Again good luck and many wishes for continued good health!!

    BUG

  5. #5
    Join Date
    Jun 2008
    Posts
    64

    Default Re: End is Near After 3 Years

    Yes tell us again B how you're not employed by NJM.

    Take a gander at this one. For all the people involved in this horrible system in the WORST state in the nation where there should be a major Antitrust lawsuit filed against the single provider of supposed "services".

    Take a gander.
    http://www.njprofoundation.org/pdf/ffd3a.pdf

    Excuse me for saying this but I find it uncontrollably HILARIOUS that they were able to provide an evaluation of how the system "works so well" without ever interviewing ANY Injured workers.

    How is this possible? The Layered Levels of BS contained within this state's system are frankly downright comical.

  6. #6
    Join Date
    Apr 2008
    Posts
    11

    Default Re: End is Near After 3 Years

    Hi again!!!Well..I finally got a settlement amount which was bigger than what I expected but not what my lawyer wanted. She suggested I accept it and I have 2 years to reopen should my neck get any worse. What amount of the settlement goes to my lawyer? I was told the judge makes that decision. She helped me a great deal so i can't complain about that!!!Well..I wont be buying that Corvette but I can pay off some debt!!!
    Last edited by acbelmar; 03-13-2010 at 11:00 AM.

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