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  1. #1
    Join Date
    Dec 2016
    Posts
    19

    Default So We Wait and Wait

    We had mediation hearing on 08/23/17 and reached an agreement. Over 60 days later, the Insurance atty hasn't even gotten the clincher done. It took him 2 weeks to finally respond to multiple inquires. Now they are saying that they are waiting Medicare and there maybe a medicare set aside. We settled for amount just under that medicare set aside limit. The insurance atty and my atty both said they will be no or should be no medicare set aside. If there is, can the MSA be renegotiated? Should ins company be liable for Medicare set aside? Is there any recourse?

    I feel the insurance company is attempting to sabotage MSA.

  2. #2
    Join Date
    Feb 2007
    Location
    831 East Morehead St., Ste 355, Charlotte, NC 28202
    Posts
    3,760

    Default Re: So We Wait and Wait

    Sounds like they are waiting on CMS to tell them if a MSA is needed, and if so, how much. This is not unusual. It may take six months to get an answer.
    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
    Dec 2016
    Posts
    19

    Default Re: So We Wait and Wait

    So we waited on waited. Now I have been approved for SSDI. Which is a very good thing. The problem I have is that we settled the WC mediation in Aug, of 2017. One main issues of the mediation was keep the settlement amount under 250k , so there would be no MSA. It was the only reason that I agreed to an amount just under 250k. Now they are telling me that there is going to be a MSA and it could very well take up a large portion of the settlement. This changes everything and I don't like the settlement. Can we now take it to a hear since the WC atty failed to have the clincher submitted by 09/23/17 as stated in the mediation report.since 12/05/2017 The Insurance has acted in bad faith since they have not responded to my atty 12/05/17. I would of never settled because I would be much better off getting the 944/ wk and having them pay for future medical. I feel there was deception by WC ins atty after the fact of our mediation settlement agreement and the language his put in that.

  4. #4
    Join Date
    Feb 2007
    Location
    831 East Morehead St., Ste 355, Charlotte, NC 28202
    Posts
    3,760

    Default Re: So We Wait and Wait

    Something does not sound right. I am sending you a PM.

    Bob
    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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