Hello - I'm a newbee and have a question about WCMSA's. I was injured on the job in 2008 and have been receiving W.C. benefits since. My injuries consisted of my left knee, left shoulder, left elbow and hands and I remain under an open award. In 2011 I took a fall and injured my right elbow which required surgery to repair, and in 2012 injured my right shoulder as a result of my continued problems with my left knee and its giving way unpredictably. These additional injuries were awarded by the commission as a compensable consequence of the original injuries. The carrier now has offered to settle and claims that they must use the WCMSA they acquired back in 2011 which does not reflect the additional injuries awarded, and only deals with the original 2008 injuries when considering future medical needs. I have searched the web for an answer to this situation but have not found an answer that speaks to my question. Another aspect is that I was not negotiating with the carrier back in 2011 to settle and have no idea why they generated the 2011 WCMSA in the first place. The carrier also wants for me to accept if we settle an annuity as opposed to a lump sum which is the only way I would accept funding for the WCMSA. The 2011 amount approved for the WCMSA is $70,000 which definitely does not take into consideration the additional injuries awarded by the commission. BTW I am a Medicare recipient.
If someone can shine a light on this I would greatly appreciate it.