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  1. #1
    Join Date
    Sep 2013
    Posts
    2

    Default Not Satisfied with Settlement Offer

    I just want to make sure that I'm not being unreasonable about this. I injured my neck at work, which required removal of a disc and fusion of the affected vertibrae. After 4 months, I was allowed to return to work. The IC insurance company, Brentwood Services, offered a settlement to close my case. The surgeon applied a disability rating of only 6%, due to the fact that he believes that all I do is electrical work- I'm an auto mechanic, and electronics is the specialty- but one has to remove dashes, seats, fuel tanks- to get to the wiring! I offered to settle at approx 12% rating which they have summarily dismissed. What should I do?

  2. #2
    Join Date
    Oct 1971
    Posts
    5,084

    Default Re: Not Satisfied with Settlement Offer

    plm50
    What should I do?
    Hire a lawyer or don't settle.

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  3. #3
    Join Date
    Feb 2007
    Location
    831 East Morehead St., Ste 355, Charlotte, NC 28202
    Posts
    3,768

    Default Re: Not Satisfied with Settlement Offer

    The PPD rating given by the doctor has absolutely nothing to do with the kind of work you do.

    Check the rating guidelines yourself--- I think you will find that the 6% rating for a one-level cervical fusion with a good outcome is about right under the rating guidelines.
    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

  4. #4
    Join Date
    Oct 2011
    Posts
    176

    Default Re: Not Satisfied with Settlement Offer

    What do rating actually mean if you live in a state where below 50% you are capped at a set number of weeks vs TTD for life? or until your 65. Does a 6% vs say 12% make a difference in benefit entitlement? I am asking becasue I dont know and see a lot of post regarding the rating number and would like to know more about the significance

  5. #5
    Join Date
    Sep 2013
    Posts
    2

    Default Re: Not Satisfied with Settlement Offer

    I actually dont know, having to learn all this myself! Thanks for the reply though

    - - - Updated - - -

    Thanks for the reply- really didn't know about how all this works! Been told both ways, that this is about right, and that I needed to get a lawyer because they were robbing me!

  6. #6
    Join Date
    Feb 2007
    Location
    831 East Morehead St., Ste 355, Charlotte, NC 28202
    Posts
    3,768

    Default Re: Not Satisfied with Settlement Offer

    Any good workers' comp lawyer will give you a free consultation. Take advantage of that and talk to a couple, and get some guidance. You don't necessarily have to hire one.
    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

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