sunkiss
06-05-2007, 03:47 AM
this is the last one for now. I may have more on another computer but that's it for a little while.
Mandatory Settlement Conferences in CA
In response to the request below, here is my take on MSCs.
MSCs can be brought by either party.
If you want the MSC, because you are P&S (permanent and stationary, or MMI in some states), the MSC is a good thing
cuz you're ready, you've gotten all of your treatment to date, and you have your future medical care and even possible
surgery at a much later date, all set out in a final report. It is best to have gotten all of your reports and testing reports
from Day One, and have them all in chronological (backorder) and submit a copy to your attorney and have one ready for
court, just in case the court copy doesn't have all of your records. IF you haven't done this, then you are relying and
hoping that your attorney did this for you. It is illegal to "hide" any report, but usually, what happens, is that the attorney
gets most of the reports and sometimes the board file is missing some files. So I like to have my full set, upon which the
judge has a lot of evidence to rule on my side.
If you didn't want the MSC, you need a game plan with your attorney as to whether you're really P&S, and what that
means in your case, and what you guys are going to do ask the court for more time.
If you're ready to settle, first read the IME thread started by Gypsy, and the depositions thread by me, as both of these
talk about how to dress, etc. You want to dress cleanly, and within your limitations. IF you have upper extremity
limitations, an elaborate hair do and loads of jewelry will seem disingenuous. Low leg problems? No heels. Same for men.
Color to avoid - black, low cut or unbuttoning buttons. Also, don't be so casual that you have on dirty jeans. Show
respect. Wear blue or brown, and a sweater with a shirt underneath (don't ask me why) always gets sympathy. (Notice
how the Menendez brothers did that - it works, but not for double-murderers I guess.)
Be respectful at all times in court. Don't slam the door on your way out. Don't say "this is ***", or any of the other things
that pop in your head. Those things WILL cost you money. The judge is doing a job, and if you come in with a hot head
and loose lips, it will cost you money. So, respect all present - even the other side - since the judge will know.
If your attorney is saying something that is wrong, or off-base, either say "excuse me, may I speak to my attorney for a
moment?" and/or, have a pad of paper and pen and clearly write it down and point to it and touch your attorney on the
arm. These are the ONLY acceptable ways to do it.
If you're on the stand, wait until your attorney or whoever fully asks the question, and really listen to the question. NO
SPEED here. Sometimes, an MSC may have something put on the record, such as, your desire to proceed with a surgery
and why - perhaps the other side will agree as long as the court approves it, too. (Perhaps they want to confirrm in
testimony the risks.) So be sure you know why / what to say first.
As for settlement dollars - before you go to an MSC, I demand a face-to-face to rate both sides of the reports - theirs and
yours. Compare the future medical of both. What are we fighting? What are the differences? What sort of future med do
you need? Can you settle for a lump sum and handle your chiro treatments on your own, or, do you have some unknown
risks coming up, including reparative surgeries, and so you must have it open? And, if it's over a sum, (some say $250K),
do you need Medicare to approve it? (That takes a long time.) And, what weird needs might you have - like chairs or
other items for your injury?
If you are not happy with the figure, and everyone is pushing you to settle, ask for more time. Don't settle if you're not
happy. Ask to see the judge. Surprisingly, the judges in this setting only, WILL talk to workers, so make sure they're not
getting the shaft. Also, there is what's called Information Officers in the building, for free, who will help you. Often, they
know the attorneys, so if yours is not helping you, call the WCAB (workers compensation appeals board) and ask for
these IO's, and get their help on ratings, etc.
Ratings - not all attorneys know how to do them. Make your attorney go upstairs and get both reports rated. It will
almost, almost always, come up higher (more money.) I've seen it a hundred times over. It takes time - that's why they
don't want to do it.
If you have a complicated case with many body parts and multiple dates of injury, then you must have a professional
rating. They cost $100 and your attorney can get one by mail ahead of time.
Do you have side issues - did they cut of TD and call it PD when it should have been TD? Late payments? Penalties? VR
issues? List them and sit down and ask your attorney about each one at that pre-MSC meeting.
If your attorney won't agree to a pre-MSC meeting - push for it, after hours, so that you guys are a team.
Expect to stay from 8 AM until 2 PM, or 1:30 PM to 5 or so. You may get continued at least once. Patience is key. Bring a
book.
This was originally posted by Paisley on a different thread:
My WC injury did involve third party liability in addition to WC. The additional civil suit was possible because I was
attending a computer class at a privately owned company.
My employer had paid for this training, and I was on regular payroll while attending. However, as it was off-site on
property not owned by my employer, the other company had some liability (for pain & suffering I believe). This was in
Oregon in 1995.
Note <warning> to those w/spinal problems: If I'd known what was to come (a related neck surgery in '98 after which I
awoke paralyzed) I would not have settled for as little as I did. "Little" mainly in hindsight though. Also due to my selfinsured
employer recovering some of their medical lien from my award, and my attorney of course receiving his cut. But
better than nothing.
At that time I was grateful to have gone back to work and had no idea I'd have any future spinal "issues"... Thought it
was all behind me, having had a '95 discectomy without fusion. But what I didn't know was that I still had a large bone
spur. It hadn't been mentioned to me. By '98 it was compressing my spinal cord and I had instability at the previous
surgical site, C6/7, due to lack of fusion. So back to the operating room -- for the ill-fated fusion w/instrumentation and
bone dowel, and removal of the spur.
Moral of the story is that spinal conditions tend to follow you around for life. (Reading through this, it sounds so
pessimistic; sorry. I am grateful for receiving WC permanent partial disability awards in '95, and when the claim was
closed after rehab/healing from the '98 fiasco.)
Just don't let insurance companies minimize any care, treatment, or $$, when your spine is involved.
Paisley, I couldn't see clearly if you got "New and Further" damage from your later surgery and complications. In CA,
this is a case where you would NOT have wanted to settle out your future medical with a lump sum PD award. You would
have wanted to take the every two weeks check for PD and leave future medical open. Later, you would want to TRY to
have the final surgery before 5 years from the date of injury, so you could "add" "New and Further" damage and go
back for more PD, if appropriate under the facts, and in Paisley's case, it sure was. (You can see why the insurance
company pushes for lump sums at MSCs, since it gets them OFF the hook for later complications.)
So understanding your future medical risks is entirely important when settling. Don't let a pushy attorney tell you
otherwise. (They get their money either way, so it is NO skin off them, and if they are smart, they will remind YOU about
the 5 year cut off, but I guess I feel you have to know it and remind them yourself.)
For other states, I do not know how that works - ask your attorney if they have a mechanism for later
worsening of your condition.
I will paste this in the MSC thread, since it does have settlement impact.
Mandatory Settlement Conferences in CA
In response to the request below, here is my take on MSCs.
MSCs can be brought by either party.
If you want the MSC, because you are P&S (permanent and stationary, or MMI in some states), the MSC is a good thing
cuz you're ready, you've gotten all of your treatment to date, and you have your future medical care and even possible
surgery at a much later date, all set out in a final report. It is best to have gotten all of your reports and testing reports
from Day One, and have them all in chronological (backorder) and submit a copy to your attorney and have one ready for
court, just in case the court copy doesn't have all of your records. IF you haven't done this, then you are relying and
hoping that your attorney did this for you. It is illegal to "hide" any report, but usually, what happens, is that the attorney
gets most of the reports and sometimes the board file is missing some files. So I like to have my full set, upon which the
judge has a lot of evidence to rule on my side.
If you didn't want the MSC, you need a game plan with your attorney as to whether you're really P&S, and what that
means in your case, and what you guys are going to do ask the court for more time.
If you're ready to settle, first read the IME thread started by Gypsy, and the depositions thread by me, as both of these
talk about how to dress, etc. You want to dress cleanly, and within your limitations. IF you have upper extremity
limitations, an elaborate hair do and loads of jewelry will seem disingenuous. Low leg problems? No heels. Same for men.
Color to avoid - black, low cut or unbuttoning buttons. Also, don't be so casual that you have on dirty jeans. Show
respect. Wear blue or brown, and a sweater with a shirt underneath (don't ask me why) always gets sympathy. (Notice
how the Menendez brothers did that - it works, but not for double-murderers I guess.)
Be respectful at all times in court. Don't slam the door on your way out. Don't say "this is ***", or any of the other things
that pop in your head. Those things WILL cost you money. The judge is doing a job, and if you come in with a hot head
and loose lips, it will cost you money. So, respect all present - even the other side - since the judge will know.
If your attorney is saying something that is wrong, or off-base, either say "excuse me, may I speak to my attorney for a
moment?" and/or, have a pad of paper and pen and clearly write it down and point to it and touch your attorney on the
arm. These are the ONLY acceptable ways to do it.
If you're on the stand, wait until your attorney or whoever fully asks the question, and really listen to the question. NO
SPEED here. Sometimes, an MSC may have something put on the record, such as, your desire to proceed with a surgery
and why - perhaps the other side will agree as long as the court approves it, too. (Perhaps they want to confirrm in
testimony the risks.) So be sure you know why / what to say first.
As for settlement dollars - before you go to an MSC, I demand a face-to-face to rate both sides of the reports - theirs and
yours. Compare the future medical of both. What are we fighting? What are the differences? What sort of future med do
you need? Can you settle for a lump sum and handle your chiro treatments on your own, or, do you have some unknown
risks coming up, including reparative surgeries, and so you must have it open? And, if it's over a sum, (some say $250K),
do you need Medicare to approve it? (That takes a long time.) And, what weird needs might you have - like chairs or
other items for your injury?
If you are not happy with the figure, and everyone is pushing you to settle, ask for more time. Don't settle if you're not
happy. Ask to see the judge. Surprisingly, the judges in this setting only, WILL talk to workers, so make sure they're not
getting the shaft. Also, there is what's called Information Officers in the building, for free, who will help you. Often, they
know the attorneys, so if yours is not helping you, call the WCAB (workers compensation appeals board) and ask for
these IO's, and get their help on ratings, etc.
Ratings - not all attorneys know how to do them. Make your attorney go upstairs and get both reports rated. It will
almost, almost always, come up higher (more money.) I've seen it a hundred times over. It takes time - that's why they
don't want to do it.
If you have a complicated case with many body parts and multiple dates of injury, then you must have a professional
rating. They cost $100 and your attorney can get one by mail ahead of time.
Do you have side issues - did they cut of TD and call it PD when it should have been TD? Late payments? Penalties? VR
issues? List them and sit down and ask your attorney about each one at that pre-MSC meeting.
If your attorney won't agree to a pre-MSC meeting - push for it, after hours, so that you guys are a team.
Expect to stay from 8 AM until 2 PM, or 1:30 PM to 5 or so. You may get continued at least once. Patience is key. Bring a
book.
This was originally posted by Paisley on a different thread:
My WC injury did involve third party liability in addition to WC. The additional civil suit was possible because I was
attending a computer class at a privately owned company.
My employer had paid for this training, and I was on regular payroll while attending. However, as it was off-site on
property not owned by my employer, the other company had some liability (for pain & suffering I believe). This was in
Oregon in 1995.
Note <warning> to those w/spinal problems: If I'd known what was to come (a related neck surgery in '98 after which I
awoke paralyzed) I would not have settled for as little as I did. "Little" mainly in hindsight though. Also due to my selfinsured
employer recovering some of their medical lien from my award, and my attorney of course receiving his cut. But
better than nothing.
At that time I was grateful to have gone back to work and had no idea I'd have any future spinal "issues"... Thought it
was all behind me, having had a '95 discectomy without fusion. But what I didn't know was that I still had a large bone
spur. It hadn't been mentioned to me. By '98 it was compressing my spinal cord and I had instability at the previous
surgical site, C6/7, due to lack of fusion. So back to the operating room -- for the ill-fated fusion w/instrumentation and
bone dowel, and removal of the spur.
Moral of the story is that spinal conditions tend to follow you around for life. (Reading through this, it sounds so
pessimistic; sorry. I am grateful for receiving WC permanent partial disability awards in '95, and when the claim was
closed after rehab/healing from the '98 fiasco.)
Just don't let insurance companies minimize any care, treatment, or $$, when your spine is involved.
Paisley, I couldn't see clearly if you got "New and Further" damage from your later surgery and complications. In CA,
this is a case where you would NOT have wanted to settle out your future medical with a lump sum PD award. You would
have wanted to take the every two weeks check for PD and leave future medical open. Later, you would want to TRY to
have the final surgery before 5 years from the date of injury, so you could "add" "New and Further" damage and go
back for more PD, if appropriate under the facts, and in Paisley's case, it sure was. (You can see why the insurance
company pushes for lump sums at MSCs, since it gets them OFF the hook for later complications.)
So understanding your future medical risks is entirely important when settling. Don't let a pushy attorney tell you
otherwise. (They get their money either way, so it is NO skin off them, and if they are smart, they will remind YOU about
the 5 year cut off, but I guess I feel you have to know it and remind them yourself.)
For other states, I do not know how that works - ask your attorney if they have a mechanism for later
worsening of your condition.
I will paste this in the MSC thread, since it does have settlement impact.