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  1. #1
    Join Date
    Feb 2010
    Location
    New York
    Posts
    7

    Default Section 32 Settlement

    Ok all Finally over 2 years and I signed the papers for my section 32, just waiting on a hearing. Does anybody know how much longer Im looking at? Please people just answer the question im asking no need for anymore input please, thanks alot. So please just the exact questionm im asking?

  2. #2
    Join Date
    Sep 2008
    Location
    New York State
    Posts
    146

    Default Re: Section 32 Settlement

    It depends on the workload of your WCB office and if the ALJ finds that the settlement meets the requirements of all parties involved.

    It could be a month or it could be several.

  3. #3
    Join Date
    Feb 2007
    Location
    Western New York State
    Posts
    1,331

    Default Re: Section 32 Settlement

    Let us know, is everything settled?

  4. #4
    Join Date
    Mar 2010
    Posts
    11

    Default Re: Section 32 Settlement

    I'm in West Virginia and I was one of 200 people who got an IME for final settlement from Dr Loimil
    who died 3 weeks ago of cancer.
    Its my understanding he gave all 200 of us less than 5% each
    and many were cut off.
    The man was obviously very ill at the time of these evaluations.
    I cant locate the other 200 people but if anyone else was evaulated by Dr Loimil
    email me
    please.

  5. #5
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,943

    Default Re: Section 32 Settlement

    bob, you posted this in another thread. You also asked if you could file a class action suit.
    No. You can't, even if you could find all 200, even 50 other IWs evaluated by this Dr.
    If you want to dispute the Dr findings and rating, you get your atty to file for a hearing, present your facts...facts, to the WC judge, and get a new evaluation.
    That's the process in WC.

  6. #6
    Join Date
    Mar 2010
    Posts
    11

    Default Re: Section 32 Settlement

    Quote Quoting BvIA View Post
    bob, you posted this in another thread. You also asked if you could file a class action suit.
    No. You can't, even if you could find all 200, even 50 other IWs evaluated by this Dr.
    If you want to dispute the Dr findings and rating, you get your atty to file for a hearing, present your facts...facts, to the WC judge, and get a new evaluation.
    That's the process in WC.
    Thank you I apologize for the multiple post - I hurt and when I discovered the doc who did my eval died of cancer that was also in brain - Dr Loimil and then I learned from the WC lady he had done 200 in the last months before he died - and she said No one had a problem - I was livid.
    I appreciate the response and now I'm much calmer than I was after the WV talk this am.

  7. #7
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,943

    Default Re: Section 32 Settlement

    Your first problem is listening to to the CA/claims adjuster who told you that. What makes you think she'd know how many IW's were evaluated by this Dr, or what the outcome was? She pushed your button, you reacted. ... unfortunately, she won this day.

    You do have an attorney... I hope. If not, you should consider consultation, sooner than later.

  8. #8
    Join Date
    Mar 2010
    Posts
    11

    Talking WV Workers Comp Final Settlement

    They offered me a final settlement. I don't like it - but she said they can pay nothing up front it'll be monthly for life.
    Therefore I won't be able to get a lawyer as I have no money
    and 30% of the monthly amount would mean I can't buy meds.
    Anyone have suggestions,
    Is it true they can't in WV give money up front in a Settlement of old claim Workers Comp.
    Thank you for this and your other responses. It helps to think someone is listening.
    BOB

  9. #9
    Join Date
    Feb 2007
    Location
    Western New York State
    Posts
    1,331

    Default Re: WV Workers Comp Final Settlement

    Quote Quoting bob304 View Post
    They offered me a final settlement. I don't like it - but she said they can pay nothing up front it'll be monthly for life.
    Therefore I won't be able to get a lawyer as I have no money
    and 30% of the monthly amount would mean I can't buy meds.
    Anyone have suggestions,
    Is it true they can't in WV give money up front in a Settlement of old claim Workers Comp.
    Thank you for this and your other responses. It helps to think someone is listening.
    BOB
    Bob,
    This is the New York injured workers site of this forum, you may want to take your questions to the West Virgina site of this forum as some one may know more to help you relating to WV workers compensation cases!
    Knowledge is a beneficial tool for the injured worker!

  10. #10
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,943

    Default Re: WV Workers Comp Final Settlement

    Quote Quoting bob304 View Post
    They offered me a final settlement. I don't like it - but she said they can pay nothing up front it'll be monthly for life.
    Therefore I won't be able to get a lawyer as I have no money
    and 30% of the monthly amount would mean I can't buy meds.
    Anyone have suggestions,
    Is it true they can't in WV give money up front in a Settlement of old claim Workers Comp.
    Thank you for this and your other responses. It helps to think someone is listening.
    BOB
    You havent provided enough info here to tell what the situation is.
    What is your org DOI/Date Of Injury?
    Is there any kind of resolution in this claim...you said...''They offered me a final settlement. I don't like it - but she said they can pay nothing up front it'll be monthly for life.
    ''
    Therefore I won't be able to get a lawyer as I have no money
    and 30% of the monthly amount would mean I can't buy meds.
    Where are you getting 30%...? WC attys don't charge up front for consultation, and any fee would be awarded by the WC judge.
    If you were to negotiate a C&R or lump sum cash settlement, that would include money for FMC/Future Medical Care.
    Have you applied for SSDI/Social Security Disability Ins benefits ?
    Are you Medicare eligible now, or within 30 months of any settlement.?
    There are too many variables to tell what your situation or potential outcome may be.

    As Q-man suggested, start a thread in the West Virginia board, and lets follow up there.

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