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  1. #1
    Join Date
    Mar 2010
    Location
    Ramona, CA
    Posts
    74

    Default I Settled My Case Unrepresented (Pro Per) and Had Moderate Success

    Hello Workers Comp Forum members,

    I like to reflect upon the past year especially around Thanksgiving and on through the end of the year. I found this community forum early in the year (2010) and am so grateful that I did. While I was a newbie (and still am) and shy about posting, when I did decide to post I always got good information, but never took it as gospel, but rather a spring-off point for me to continue educating myself about the W/C process which as we all know is complex and frustrating.

    While my case seems a lot less complicated than a lot of members that I read about here, it was still a frustrating, mind-bending, complicated and sometimes down right fraudulent dealing with the Insurance Companies (IC) and especially the Claims Adjusters (CA). I had a total of 7 CA's because they would get so frustrated with me because I would not settle the case via C&R just because they chose to give me erroneous information. This information included; denying medical treatment without cause, employer doctor declaring me MMI 3 days after reading an MRI that took 6 months to get. Employer doctor (who was my PTP for 6 months) not appealing ANY decisions with regards to my medical treatment. And well the list goes on and on.

    But each step of the way, I researched, talked to people, bought books, (most importantly one called "What to do if you are an injured worker in California" by Nolo Press) where I learned that when the employer doctor declared me MMI I had the right to request a QME. From that day forward, I was determined to get all the medical care required to at least treat the injury I sustained on the job, without backing down - ever.

    I see so many stories of injured workers (IW) here on this forum and it breaks my heart at the way we are treated, cajoled, manipulated, lied to by someone along the way in the system. As many people have talked about, the Workers Comp system is not designed to get us back to our "pre-injury" condition, or even wages, but rather to treat the medical issues and get back to work as soon as possible (even when that is sometimes not feasible).

    But, with all that said, I wanted to say a big "thanks" to members of this board who have reached out to me along the way. I appreciate it. And I hope with what I have learned, I might be able to help just one person get through this process. One of the most important things that I learned along the way is to accept my body as it now stands, and had to grieve for many of the things I used to do (golfing, hiking etc) that I can no longer do because of my injury sustained on a job. However, I have managed to find other things that I enjoy and can do relatively pain-free (well not really pain free) but I think maybe you all get the "jist."

    So, if my post helps just one person in any way, or I can be of service with what I have learned, I hope that you will reach out to me.

    Happy Thanksgiving all!

    Buttercup (Jen)

  2. #2
    Join Date
    Aug 2010
    Posts
    23

    Default Re: I Settled My Case Unrepresented (Pro Per) and Had Moderate Success

    Very Nice
    Good work.....and very inspirational thread. I'm so glad for you.

    Happy Holidays
    Last edited by I.W; 11-27-2010 at 05:26 PM.

  3. #3
    Join Date
    Aug 2009
    Posts
    22

    Default Re: I Settled My Case Unrepresented (Pro Per) and Had Moderate Success

    nice post and happy holidays

  4. #4
    Join Date
    Feb 2007
    Location
    Western New York State
    Posts
    1,331

    Default Re: I Settled My Case Unrepresented (Pro Per) and Had Moderate Success

    Inspiration!
    Knowledge is a beneficial tool for the injured worker!

  5. #5
    Join Date
    Jul 2013
    Posts
    15

    Default Re: I Settled My Case Unrepresented (Pro Per) and Had Moderate Success

    Thanks for your inspiration. Could I write to you for some w/ c ideas. I am just starting and am very unsure about what to do.
    Thanks,
    Peter

  6. #6
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,941

    Default Re: I Settled My Case Unrepresented (Pro Per) and Had Moderate Success

    Quote Quoting Litlgrn View Post
    Thanks for your inspiration. Could I write to you for some w/ c ideas. I am just starting and am very unsure about what to do.
    Thanks,
    Peter
    Without consultation or representation by a WC atty, you have no idea what a claim is potentially valued at...the ER/IC has you at their mercy... with well seasoned defense attys.

  7. #7
    Join Date
    Jul 2013
    Posts
    15

    Default Re: I Settled My Case Unrepresented (Pro Per) and Had Moderate Success

    I am very naive at this point. Not ignorant. I was really injured at work and was told by my dr. To apply for ssd. W/c has been paying me with minimal medical care. My Ime is at the end of the month and 2 dr.s have me at total disability. I don't want to give a lawyer my money if I don't have to. I don't know what to expect and don't want to be made a mark either. I had a pre- existing neck surgery in 2010 and recovered with no restrictions. So I have lived in good faith. And then this. What can or should I do to protect myself?

  8. #8
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,941

    Default Re: I Settled My Case Unrepresented (Pro Per) and Had Moderate Success

    I am very naive at this point. What can or should I do to protect myself?
    Talk to a WC attorney. The ER/IC has very experienced attys...they will eat you up and spit you out. Message boards are not good substitutes for valid legal advice. You risk leaving valuable benefits on the table...and that equates to Dollars...!

    I doubt you are a DIY dentist...wouldn't attempt surgery with out a Dr/surgeon... attys work for their money too.

  9. #9
    Join Date
    Jul 2013
    Posts
    15

    Default Re: I Settled My Case Unrepresented (Pro Per) and Had Moderate Success

    I contacted an atty. yesterday and they are sending me a form to fill out, as well as scheduling me for a visit. I feel confident that I am doing thr right thing now. My injury is very serious in that it keeps me from working and greatly reduces the quality of my life. I no longer want to be a victim here in this debilitating physical state. I need help and possibly hiring an experienced atty makes sense to me now. I'm glad I called them. They don't mess around and were very direct and straight to the point.

  10. #10
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,941

    Default Re: I Settled My Case Unrepresented (Pro Per) and Had Moderate Success

    Hopefully you contacted a WC atty that works in a smaller office, and not one that advertised on TV or highway billboards...those a simply mills that contract with attys all over the country on a referral basis and % of fees generated.
    IMHO...you've done the right thing.
    My injury is very serious in that it keeps me from working and greatly reduces the quality of my life.
    How your injury and resulting permanent impairment affects your working ability, and/or wage earning capacity or ability to compete in the open labor market are what future benefits would be based on...not necessarily your "quality of life"...there is no money in WC for pain and suffering.

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