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  1. #1
    Join Date
    Feb 2010
    Posts
    2

    Default What Happens After You Reach MMI

    So the basis of my story so far is that im 25, and in 11/2008 i herniated 3 discs in my back. Ive attain MMI and as of january went to both my dr and the insurance companys dr. I know my dr said im at 45% loss.

    Whats usually the next step and how long does it take and what not?

  2. #2
    Join Date
    Jan 2007
    Location
    PA, but worked in NJ
    Posts
    823

    Question Re: Approximately How Long Do You Think

    Hi Right Coast,

    Well this is impossible to answer without knowing if this injury has left you totally disabled and if you are filing for SS benefits? If you can answer this I am sure I can come real close as to what you can expect, with proper representation, as well as a reasonable timeline

    BUG

  3. #3
    Join Date
    Feb 2010
    Posts
    2

    Default Re: Approximately How Long Do You Think

    well it is a permanant injury, however im not apply for ss.

  4. #4
    Join Date
    Jan 2007
    Location
    PA, but worked in NJ
    Posts
    823

    Default Re: Approximately How Long Do You Think

    Ok I will assume that you are employable then. I will also assume that the ins carrier dr rated your loss at 5% which is a common tactic. Once you have been MMI all that is left is comp for your measurable amount of impairment. A herniated,slipped, prolapsed, bulging disc are all considered DDD. Yes, I understand DDD is a permanent disability.
    You and the carrier must come to a rating figure. This is typically done via pre trial settlement. Also any outstanding medical bills or owed TTD must be included. . If all issues are not resolved, the case will be set for trial. If they are resolved, the Petitioner will be asked to take the witness stand so that the settlement can be put on record. To ensure that the Petitioner understands the settlement and the deductions to be taken from it, and to create an accurate record, his attorney, the Respondent's attorney, and the Judge will ask him a series of questions about the accident, his medical treatment, and the present effects of his injuries. The Petitioner will also be asked to state that understands attorney fees will be deducted from his settlement.
    The judge has discretion in awarding attorney fees. Typically a Petitioner's attorney is awarded a fee of 20% of the value of the settlement. However, the judge usually apportions the fee, and might, for instance, require the Respondent to pay 60% of the fee, leaving 40% for the Petitioner.

    When a settlement is put on record, the worker will also be advised that he has a right to a trial but is waiving it in favor of a settlement. Furthermore, he will be instructed that he may, within two years after the last payment of benefits ( includes both money and medical treatment) reopen the case. If the Petitioner seeks no medical treatment for two years after the settlement check arrives, he will be barred forever from reopening the case should his condition worsen.
    Timeline for conclusion from this point depends a lot on the back log of cases to be heard. However from this point forward your case will be called about every 3 weeks to see if both parties are ready to move forward, this is called rotation. A good guess would be app. 2-3 1/2 years to conclude. I hope this is what you are looking for? Good luck and you may want to take advantage of the vo- training offered if you are unable to return to your regular line of work.

    BUG

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