Has anyone settled their case

[Bitzer]

After 9 yrs I recieved a letter wanting to know if I want to settle my case. I spoke with my attorney who said she doesn't think I should but would I consider settling if the medical was left open. Has anyone had any luck with this kind of settlement?

I think the insurance company is worried cause my doctor wants to do another MRI and CT. He's talking about doing back surgery.

What I get from workers' comp is a joke but if I have to settle for 5 yrs of what they pay me now it wouldn't even come close to what the medical cost will be for the surgery.

Also can anyone explain in simply english what a section 32 settlement is, I asked but talking to an attorney is like talking to a doctor I need to go home and look it up for an explanation.

Bitzer

[Tinky]

Sounds to me like you need more med evidence before you take a decision like that.
If they're thinking about it, perhaps it's because they will admit you have a percentage of disability. Usually they'll calculate it lower than what your own docs and specialists will. Maybe their calculators are old???
It all depends on the state too.
In my case their last IME admitted that I had a low percentage of disability. Lower than what the many docs I've seen had calculated. They tried to pay a settlement based on that and close the case with nothing else but my attorney appealed and sent me to a couple other specialists.
So far the judge has agreed with us.
Some states have limits on their settlements while you could appeal their decision, show your med evidence and go for a life pension. That depends on your state's rules. Talk with your attorney and make some suggestions. Just don't give up because you don't know how things will come out after back surgery. Hopefully well, but you never know.
Wish you the best!

[DKatherine]

Also can anyone explain in simply english what a section 32 settlement is, I asked but talking to an attorney is like talking to a doctor I need to go home and look it up for an explanation.Law school should include a class in "talking to your clients in plain English." :D

I'm not familiar with section 32, but I'm assuming that means you're in New York? If so, have you found these sites yet:
http://community.lawyers.com/messageboards/board.asp?channelId=20&mbId=62 (New York WC message board -- this page looks like it has some useful links on it, too)
http://www.wcb.state.ny.us/content/main/sec32.pdf#search=%22section%2032%20settlement%22 (Section 32 Frequently Asked Questions)

Good luck!

DKatherine

[sirmark]

I you need more medical treatments in the near furture DO NOT SETTLE before you have them done, in fact you don't want to settle till someone declares you MMI (Maximun Medical Inprovement)>(The best you will ever be).

[nellieo]

Hi everyone! I am new to this forum and was wondering if anyone has any thoughts on what I should do about my case? Let me first give you a little history on it. I injured my back last year at work, in May 2005. I have been to several Dr's, had all the tests, MRI, EEG, mylegram, XRays, and they all have told me I have 2 herniated disks. I have had the injections, along with some physical therapy (3 weeks and seemed like the therapist did not do much to help. As a matter of fact, it seemed like he didn't much at all!). My neurosurgeon says I need a 2 level disk fusion, which the worker's comp already did approve, but which I a very apprehensive about. I asked the neurosurgeon if there were any other options besides surgery, leaving the surgery as a last resort. He agreed and gave me a referral to a physical therapists of my choice. Worker's comp approved the physical therapy. I went for a about 2 1/2 months. Funny thing is, this time, it really did help. I was actually starting to get a little relief from the excrutiating pain I have been in for over a year) Now, worker's comp did a peer review utilization and are refusing to pay for the therapy. Their peer review Dr. says I only have a sprain/strain. Without even seeing me, he comes up with this diagnosis, when I have 6 other Dr.'s who say I have 2 herniated disks. Because of this diagnosis by the PRP(Peer Review Practioner), they are saying I no longer need treatment of any kind and I should not have had all the treatment I have had for this long of a time. My attorney says now they might not even pay for the surgery, if I decide that I want to go that route. The problem is, I cannot afford to go back to physical therapy on my own, and if I cannot go back, my back will probably get worse, thus, needing surgery. My question is this. Since the surgery was already approved, but I decided on an alternative treatment (physical therapy), is the worker's comp trying to decide on my treatment for me? Where are my rights in selecting the treatment for myself? Why should I have surgery when the therapy was actually helping? Also, the IME I went to said I had 2 herniated disks and he thought I should take the advice of my neurosurgeon, so he was even on my side! Seems like I am up the creek without a paddle....Any suggestions from anyone?

[zoonooz]

First Nellieo, you should start a new thread for your question or problem rather then tagging onto another's. It's confusing to readers trying to follow the original post.

but here's my advice:
Yes, in many jurisdictions the employer either can control which doctor is approved to treat or the treatment plan of a physician.
Your rights vary with the workers comp laws of your state. You can go to your state's work comp board or commission website for information on medical control rules and dispute resolution options. There is a link to a list of state websites in the USEFUL Websites post above:
http://brain.hastypastry.net/forums/showthread.php?t=1596

[j*sunset]

Don't go by anything the IME dr says -- your drs and atty need to refute any misinformation {lies} that is in the IME report.

nellieo-
it would be better for replies if you do make your own thread - or someone can help you with that if you need it.

[caudaequinasyndrome]

sec 32 in new york state is a settlement.
it closes medical, its a total settlement it cannot be reopened, no future medical