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  1. #1
    Join Date
    Jul 2010
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    South Carolina
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    43

    Default Medical Opened Indefinitely After Settling

    Is there anyone on this forum that's settled your case and your medical remained open indefinitely?

  2. #2
    Join Date
    Feb 2007
    Location
    831 East Morehead St., Ste 355, Charlotte, NC 28202
    Posts
    3,756

    Default Re: Medical Opened Indefinitely After Settling

    Generally speaking, if you "settle" your case your medical is closed forever. You have to define "settle" more precisely. Sometimes people use the word "settle" even when the medicals are left open, but that is not really a "settlement."
    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

  3. #3
    Join Date
    Jul 2010
    Location
    South Carolina
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    Default Re: Medical Opened Indefinitely After Settling

    I'm totally and permanently disabled. The rest of my weekly benefits will be paid as a lump sum. The medical part remains open for the rest of my life. This is why I said settled, don't know how else to word it.

  4. #4
    Join Date
    Feb 2007
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    831 East Morehead St., Ste 355, Charlotte, NC 28202
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    Default Re: Medical Opened Indefinitely After Settling

    It sounds like you have compromised and released your indemnity benefits but left the medical open, possibly to avoid the need to fund a Medicare Set Aside ("MSA") Trust Account. That type of resolution does happen sometimes in comp cases, but it is unusual. Typically, it occurs because the future medicals being predicted are quite expensive, so that funding the MSA is too costly. The biggest issue for the worker is the problem of enforcing the medical benefits it you do not need them regularly.
    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

  5. #5
    Join Date
    Jul 2010
    Location
    South Carolina
    Posts
    43

    Default Re: Medical Opened Indefinitely After Settling

    I have not settled yet, but was told that is an option the IC could choose. You make an excellent point regarding enforcing the medical benefits. It's hard enough with an attorney! Can I challenge that option if they offer it? I wait weeks even months for surgery, appts and MRI. It's horrible!

  6. #6
    Join Date
    Jul 2010
    Location
    South Carolina
    Posts
    43

    Default Re: Medical Opened Indefinitely After Settling

    Thanks for the response. Is the clincher the most common type of settlement? I'm having trouble getting surgery approved after 6 of them, I can't imagine what it would be like without an attorney

  7. #7
    Join Date
    Nov 2013
    Posts
    8

    Default Re: Medical Opened Indefinitely After Settling

    Quote Quoting lifechanged View Post
    Is there anyone on this forum that's settled your case and your medical remained open indefinitely?
    Im fighting tooth and nail to get it ! fingers crossed

  8. #8
    Join Date
    Jul 2010
    Location
    South Carolina
    Posts
    43

    Default Re: Medical Opened Indefinitely After Settling

    Getirdone, do you actually want to deal with them for the rest of your life? You must be dealing with a great WC insurance company. Good luck to you! Keep me posted if you don't mind! Thanks !

  9. #9
    Join Date
    Nov 2013
    Posts
    8

    Default Re: Medical Opened Indefinitely After Settling

    Quote Quoting lifechanged View Post
    Getirdone, do you actually want to deal with them for the rest of your life? You must be dealing with a great WC insurance company. Good luck to you! Keep me posted if you don't mind! Thanks !
    I dont think a great WC insurance company exists mate ! haha

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