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  1. #1
    Join Date
    Jul 2010

    Default Worker's Comp Case and Third Party Lawsuit Settlement

    My workers compensation claim was made in the State of: DC

    To all my fellows IWs. I have just settled my case. It has been just under 3 years since I broke my back. It felt like forever and it was nasty. PIs filming me, bullsh#t return to work offers, hearing after WC hearing. But the 3d party suit is the real story. The settlement just happened so I am gonna hold onto the little details but when the ink is dry I hope to share every detail of my own nightmare and how I won with the help of a team of kick ass lawyers that wiped the damn floor with the overpaid defense team. I want to share because i want to help.

    I remember joining and how much more I now understand about the world of IWs that you really don't see until it happens to you. I look forward to being a part of this forum for a long time. Many nights i spent just reading others stories and feeling closer to you all than the people in my everyday. Thank you all so damn much.

    To all the senior members, you know who you are. Thank you a little more. Even when you disagree you are all on our side and it shows.

    And at last, Tony, thank you for all you do. I don't know you but I respect you more than most people I have met in my life. Never doubt the power of what you have here to change peoples lifes. Thank you.

  2. #2
    Join Date
    Nov 2012

    Default Re: 2 Years, 10 Months.settled WC and 3d Party Suit

    Badlanding it's great to hear that your nightmare (at least the legal part) is coming to a close. My husband was hit from behind in his work vehicle and sustained a substantial back injury that leaves him in constant pain. There is a 3rd party liability.

    He actually received a favorable IME (surprising, I know) over a year ago. My question is regarding the surveillance. It's recently come to his attention that indeed a PI was hired and has followed him/my family. He has never done anything out of doctor's restrictions, but they are now claiming that video shows he's "exaggerating" his pain and the IC is requesting termination of benefits and paying back an absurd amount. He has all supporting scans (bulging disc with stenosis) restrictions and other records that support the injury. They even attempted to have the IME doctor retract his original report because the video shows him picking up a plastic grocery bag, box of chips, tossing a ball with our 10 yr. old although he could only throw a couple of times and on the video it shows him wincing in pain. The letter was deemed inadmissable in a recent hearing to pay for a 10's unit. How significant are these videos? There is nothing outside of limitations and he has always been honest with all treating physicians that he tries to stay as active (light errands, leisure walk around the block) in order to not waste away, his doctors support that. They even recommend home exercise to strengthen core and legs, to help with the atrophy.

    Needless to say, he is completely devastated, feels violated and broken. He's trying to stay positive. His attorney assures him that he will fight and be with him every step of the way. The truth will (should) prevail. But when it's him against the corporate insurance giant, it can be very intimidating and seem hopeless.

    Any feedback you may have is greatly appreciated.

  3. #3
    Join Date
    Oct 1971

    Default Re: 2 Years, 10 Months.settled WC and 3d Party Suit

    Tony, thank you for all you do.
    You're welcome. Hopefully you can help another with the experience you've gained, congratulations on your victory.

    How significant are these videos?
    In this case the videos are irrelevant, they don't outweigh the scans and other medical evidence.
    Videos are relevant in cases where there is no supporting medical evidence, otherwise they are a waste of film, time and money.

    I wouldn't worry about it, they're playing old scare tactics in hopes of settling the case for a lesser amount.
    Desperate people do desperate things.

    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.

  4. #4
    Join Date
    Nov 2012

    Default Re: 2 Years, 10 Months.settled WC and 3d Party Suit

    Thank you Tony for your response. I read it to my husband and it has eased his mind somewhat.


  5. #5
    Join Date
    Jul 2010

    Default Re: 2 Years, 10 Months.settled WC and 3d Party Suit

    I agree about PI video being pretty much useless. Believe me it scared the hell out of me sitting in that court room looking at that tv for the two hour hearing. but it comes down to this.....if your within your restrictions, taking your time and living your life most likly you will be fine. if your playing golf and doing the local ironman then i would say you got some trouble coming your way, however that hardly seems the case here. Judges are not a rule of thumb anyway, so they would have to get damn impressive video to be any threat to you.

    good luck

  6. #6
    Join Date
    Dec 2015

    Default Re: 2 Years, 10 Months.settled WC and 3d Party Suit

    Hi guys, I'm about to settle my case but frankly I do not trust my attorney. My concern is is the only way to settle WC case in Washington, D.C. to start working ( that's what he told me) Also I have scheduled evaluation with insurance's doctor soon and what can I expect. Please any tips will be big help for me. A little bit more of my case it's been almost 3 years since I got injured and I also had a lower back surgery but unfortunately surgery didn't help. What's is the best way to settle my case and does anybody know what will be a consequences if I hire a new lawyer.
    Thanks a lot,
    Washington DC I

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